| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 6A/08 |
| Determination date | 28 April 2008 |
| Member | G J Wood |
| Representation | D Edmonds (Applicant in person) ; No appearance |
| Location | Wellington |
| Parties | Edmonds v Allied Petroleum (NI) Ltd |
| Summary | COSTS - Unsuccessful personal grievance - One day investigation meeting - Authority disregarded respondent’s costs submissions where referred to events during mediation - Respondent sought at least $24,000 costs - Respondent relied on Calderbank offer, unmeritorious nature of applicant’s claims, applicant’s conduct, and unwillingness to resolve costs by agreement - Applicant submitted costs should lie where they fall or alternatively be modest - Submitted already suffered significant financial and emotional costs - Authority found applicant’s claim not out of the ordinary - As applicant unsuccessful must expect to pay reasonable contribution to respondent’s cost - No evidence applicant unable to pay costs award - In all circumstances award of $3,000 costs plus expenses appropriate |
| Result | Costs in favour of respondent ($3,000) ; Disbursements ($648) |
| Main Category | Costs |
| Statutes | ERA s148 |
| Cases Cited | Crook v Sovereign Services Ltd unreported Shaw J, 19 Mar 2008, WC 6/08;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | wa 6a_08.pdf [pdf 15 KB] |