| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 214A/08 |
| Determination date | 01 September 2008 |
| Member | R A Monaghan |
| Representation | R Harrison ; L Campbell |
| Location | Auckland |
| Parties | Dolan v Filta Vacuum Products Ltd |
| Summary | COSTS - Successful personal grievance - Three day investigation meeting - Applicant sought contribution to costs of $13,000 - Argued difficulties arranging mediation and difficulties within mediation regarding unavailability of calculations - Claimed offer by respondent to settle was unrealistic, aggravated situation and length of investigation excessive - Respondent submitted both parties should bear own costs - Overall both parties successful in parts of respective claims but also had serious flaws in unsuccessful parts - Authority took into account without prejudice offer of settlement finding it unrealistic and substantially different form result in determination - Tariff based approach not suitable for matter with degree of factual complexity and significant preparation time involved - Respondent to make 66 percent contribution to applicant's costs |
| Result | Costs in favour of applicant ($11,633) |
| Main Category | Costs |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 214a_08.pdf [pdf 17 KB] |