| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 228A/08 |
| Determination date | 28 November 2008 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Pohatu v Kaiti School Board of Trustees |
| Summary | COSTS – Unsuccessful personal grievance – Two and a half day investigation meeting – Actual costs incurred by respondent approximately $30,000 – Respondent sought $20,000 reasonable contribution to costs – Authority found applicant had long and successful career brought abruptly to an end when actively opposed lawful decision of respondent – Found applicant’s legal argument unusual and interesting but not strong on merit – Found greater complexity in facts of this case – Respondent provided details of offers and counter offers to Authority – Applicant objected to information being provided to Authority as claimed breached confidentiality and without prejudice nature communications made – Authority upheld applicant’s objection and set aside information in costs consideration – Authority found applicant could not take advantage of fact respondent insured itself against participation in personal grievance claims – Found exercise of right to have personal grievance investigated provided no forgiveness from costs liability if claim unsuccessful – Authority found contrary to principle to punish through costs award when purpose to compensate successful party for costs reasonably incurred – Respondent entitled to $9,000 contribution to costs |
| Result | Costs in favour of respondent ($9,000) |
| Main Category | Costs |
| Statutes | ERA s103A;ERA s146(1);ERA s146(3);ERA Schedule 2 cl15 |
| Cases Cited | Pohatu v Kaiti School Board of Trustees unreported, A Dumbleton, 28 Nov 2008, AA 228/08;PBO Limited v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 228a_08.pdf [pdf 20 KB] |