| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 55/09 |
| Determination date | 01 May 2009 |
| Member | P R Stapp |
| Representation | M McAleer ; M Beech, V Weinberg |
| Location | Wellington |
| Parties | Burns v Whirinaki Log Transfer Ltd |
| Summary | COSTS – Personal grievance application withdrawn prior to hearing – Respondent sought contribution to costs of $1,000 – Respondent claimed withdrawal unreasonably late causing unnecessary costs – Applicant claimed no financial ability to meet costs – Parties set date of investigation meeting and timetable for proceedings – Respondent declined mediation – Telephone conference used to settle matter however unsuccessful – Applicant relocated to Australia 10 days before written statements exchanged – Authority found respondent entitled to reasonable contribution of $200 – Found withdrawal of personal grievance unreasonably late causing respondent to unnecessarily prepare briefs – Found no explanation provided for relocation and late withdrawal – Found no evidence applicant could not meet costs award – Applicant obtained new employment - Found telephone conference not substitute for mediation – Found respondent’s decline of mediation unreasonable - Costs in favour of employer |
| Result | Costs in favour of respondent ($200) |
| Main Category | Costs |
| Statutes | ERA cl15, sch2 |
| Number of Pages | 6 |
| PDF File Link: | wa 55_09.pdf [pdf 22 KB] |