| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 248A/08 |
| Determination date | 30 September 2008 |
| Member | M Urlich |
| Representation | D Chesterman ; D Jacobson |
| Location | Auckland |
| Parties | A v B and C |
| Summary | COSTS - Successful personal grievance - Three day investigation meeting - Applicant sought indemnity costs of $32,629 - Argued indemnification of costs warranted given conduct of respondents was reckless, breached timetabling orders, witness statement contained irrelevant hearsay, conduct of respondents was inappropriate during hearing focussing on applicant's alleged sexual conduct and appearance as well as being disrespectful and acting in an insulting manner - Respondents submitted case did not warrant indemnity costs - Submitted time spent and costs incurred were excessive given legally uncomplicated investigation - Nothing exceptional about matter - Authority found case did not warrant indemnity costs and costs incurred too high given type of case and length of hearing - Applicant was successful party and therefore entitled to reasonable contribution to costs and disbursements |
| Result | Costs in favour of applicant ($9,000) ; Disbursements ($232.50) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 248a_08.pdf [pdf 26 KB] |