Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 28A/02
Determination date 03 May 2002
Member H Doyle
Representation F Wall ; P McBride
Location Christchurch
Parties McCleary v New Zealand Car Parts Ltd
Summary COSTS - Unsuccessful interim reinstatement application - One day hearing - Sought contribution of $9,000 to total costs $13,500 - Sought joinder of applicant's advocate - Argued failure to comply with procedural and evidential matters caused by advocate - Alleged applicant refused to attend mediation - Advocate significantly contributed to increase in costs - Actions by advocate not malicious - Attempted to comply with most timetables - Reasons insufficient to join advocate - Reasonable contribution appropriate
Result Costs in favour of respondent ($4,000) ; Disbursements ($751.54)
Statutes ECA s140(a);ECA s140(d);ERA s221(a);ERA s221(d)
Cases Cited Cutts v Head [1984] 1 All ER 597;NZ Medical Laboratory Workers Union Inc v Capital Coast Health Ltd [1998] 2 ERNZ 107;Reid v New Zealand Fire Service Commission [1995] 2 ERNZ 38;Walker v Wilsher (1889) 23 QBD 335
Number of Pages 5
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