| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 130A/08 |
| Determination date | 06 October 2008 |
| Member | P Cheyne |
| Representation | P Cranney ; E Hartdegen |
| Location | Christchurch |
| Parties | Coup & Anor v MPA Investments Ltd t/a McDonalds Kaiapoi |
| Other Parties | Unite! Unite |
| Summary | COSTS - Successful personal grievance - Three day investigation meeting - Respondent accepted costs should follow event, however should be modest and not used as punishment - Suggested an award of $6,000 apportioned equally between applicants, as appropriate - Applicants' total costs were $18,000 - Argued should have award of 80% of actual costs equally apportioned between them - Respondent caused extra and unnecessary costs by claiming breach of good faith by the union - To establish breach, respondent had to refer to matters directly connected with mediation and without prejudice attempts to resolve problems - Respondent also failed to disclose number amount of relevant documents in advance of investigation meeting - Authority found none of costs related to wasted time should be visited on applicants - Authority considered award at upper end of scale - Respondent to pay $13,500 for applicants' to divide equally between them plus disbursements |
| Result | Costs in favour of applicants ($13,500); (Disbursements)($1,013); (Filing Fee)($140) |
| Main Category | Costs |
| Statutes | ERA s160(1)(a);ERA s221(d);Employment Relations Authority Regulations 2000 |
| Cases Cited | O'Malley v Vission Aluminium Ltd (No 3) [1992] 2 ERNZ 1043;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Yong t/a Yong & Co Chartered Accountants v Chin unreported, Couch J, 7 September 2007, AC 37A/07 |
| Number of Pages | 5 |
| PDF File Link: | ca 130a_08.pdf [pdf 22 KB] |