| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 45/09 |
| Determination date | 13 February 2009 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | McCutcheon v Gallagher practising as Paul Gallagher Legal |
| Summary | COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Respondent sought award of full costs of $8,876 - Authority found costs claimed included costs incurred during mediation which were not usually recoverable - Applicant conceded liable to costs award but submitted $2,000 reasonable - Claimed award above that level would be punitive rather than compensatory - Found applicant brought claim over three years after employment ended - Found delay could only have increased respondent’s costs - Found lack of merit in claim did not justify full costs but did justify higher award than usual for type of claim and length of investigation meeting - Applicant to pay $5,000 contribution to respondent’s reasonably incurred costs |
| Result | Costs in favour of respondent ($5,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 45_09.pdf [pdf 19 KB] |