| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 119A/08 |
| Determination date | 30 April 2008 |
| Member | Y S Oldfield |
| Representation | T Oldfield ; S Eden |
| Location | Auckland |
| Parties | Talataina v Guardian Healthcare Group Ltd |
| Summary | COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant represented by union, which bore costs of claim - Applicant argued unions may recover costs in cases where supported members in litigation - Argued reduction of remedies for contributory conduct should not affect costs award as costs should not be element of remedy assessment - Applicant sought contribution to costs of $1,250 - Respondent argued costs should lie where they fall as relative success of parties was relevant consideration and contributory conduct should be taken into account in costs awards - Authority found although costs normally follow event and set with regard to success of parties, not punitive of conduct already dealt with - In all circumstances modest level of costs award appropriate |
| Result | Costs in favour of applicant ($500) ; Disbursements ($70)(Filing fee) |
| Main Category | Costs |
| Cases Cited | Eruera-Morrison v New Zealand Post unreported Travis J, 1 Nov 2007, AC 46A/07;IHC New Zealand Incorporated v Scott unreported Perkins J, 18 Oct 2006, AC 45A/06;White (formerly X) v Auckland District Health Board unreported Colgan, CJ, 15 Oct 2007, AC 10A/07 |
| Number of Pages | 2 |
| PDF File Link: | aa 119a_08.pdf [pdf 15 KB] |