| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 245B/08 |
| Determination date | 25 November 2008 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Short v Walton Special Vehicles and Conversions Ltd |
| Summary | COSTS - Successful personal grievance - Half day investigation meeting - Applicant sought $2,000 as contribution to total costs of $3,348 plus $253 disbursements - Several Calderbank offers made but declined - Applicant argued as all offers below amount applicant entitled to recover, should be disregarded and normal rules of costs - Respondent submitted $500 appropriate level of costs - Authority found case was unnecessary as was readily obvious from employment agreement, employer would have hard time proving justification for dismissal - Employer's tactical approach to investigation wasted applicant's time and money - Applicant's costs reasonable for type of investigation - Award of $1,350 appropriate in circumstances |
| Result | Costs in favour of applicant ($1,350) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Short v Walton Special Vehicles and Conversions Ltd unreported, A Dumbleton, 10 July 2008, AA 245/08 |
| Number of Pages | 3 |
| PDF File Link: | aa 245b_08.pdf [pdf 15 KB] |