| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 147A/08 |
| Determination date | 09 October 2008 |
| Member | D King |
| Representation | P Mardell (in person) ; J Murdoch |
| Location | Auckland |
| Parties | Mardell v Edwards Dunlop (NZ) Ltd t/a BJ Ball Papers |
| Summary | COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought full costs of $7,750 - Claimed applicant's behaviour, should result in reimbursement of full costs - Applicant argued award of more than $2,000 would cause financial hardship as applicant a student with only part time employment - Applicant's behaviour resulted in finding against applicant - Behaviour not to be used to penalise applicant again in costs setting - Not complex legal matter, no reason to depart from normal costs award - Respondent entitled to reasonable contribution to costs as successful party - Due to lack of specifity no disbursements to be awarded - Authority also noted comments made in an email by respondent to applicant, deemed to be in breach of concept of good faith and totally inappropriate |
| Result | Cost in favour of respondent ($2,000) |
| Main Category | Costs |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 147a_08.pdf [pdf 15 KB] |