| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 155A/08 |
| Determination date | 23 June 2008 |
| Member | J Scott |
| Representation | D Hayes ; S Hood |
| Location | Auckland |
| Parties | Maryniak v Waikato Insitute of Technology |
| Summary | COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent incurred costs of $21,585 plus disbursements - Submitted Calderbank offer made to applicant and significant delay in commencing action occasioned by applicant should be recognised when awarding costs - Argued costs should therefore be commensurately greater than normal level of costs awarded - Applicant submitted delay was result of respondent providing incorrect information to Work Aon making it financially impossible for applicant to pursue two cases at same time - Applicant submitted award of $4,150 reasonable - Authority found respondent's costs very high for case of type and duration even with difficulties occasioned by applicant's delay in pursuing grievance - Costs follow event - Applicant to pay respondent contribution to costs and disbursements |
| Result | Costs in favour of respondent ($4,150) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438 (CA);Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 155a_08.pdf [pdf 38 KB] |