Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 74C/08
Determination date 03 December 2008
Member H Doyle
Representation K Stringleman ; B Fletcher
Location Christchurch
Parties Huntley v Maataa Waka Ki Te Tau Ihu Trust
Summary COSTS - Successful personal grievance - Nearly two day investigation meeting - Applicant sought contribution to total costs of $7,486.25 and disbursements of $455 - Authority found no good reason to depart from principle that unsuccessful party pays contribution toward the costs of successful party - Authority considered appropriate to apply notional daily rate of $2,500 given matter not altogether straightforward, evidence required by applicant had to cover quite wide ranging matters relied on for dismissal and full submissions provided - Authority made adjustment to reflect increase in costs caused by unfounded allegation of breach of non-publication order made by respondent after investigation meeting - Found fair and reasonable contribution to applicant’s cost would be $5,200 together with disbursements of $335
Result Costs in favour of applicant ($5,200) ; Disbursements ($335)
Main Category Costs
Statutes ERA Second Schedule cl15
Cases Cited The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Sefo v Sealord Shellfish Ltd unreported, Colgan CJ, 4 Jun 2008, CC 4B/08;South Tranz Ltd and Ors v Strait Freight Ltd unreported, Full Court, 8 Apr 2008, CC 3/08
Number of Pages 4
PDF File Link: ca 74c_08.pdf [pdf 19 KB]