| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 30A/09 |
| Determination date | 08 May 2009 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Adlam v National Advocacy Trust Nationwide Health & Disability Advocacy Service and Ors |
| Other Parties | The Trustees of the Ahipara Health and Resource Trust, Laban |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified -Authority had earlier found third respondent breached spirit if not letter of mediated settlement with second respondent - Authority also found counterclaim against applicant that breached mediated settlement - Authority had earlier found in favour of second respondents and penalty was awarded against applicant - First respondent successful party and sought $6,000 as reasonable contribution to actual costs - Costs of third respondent met by second respondent - Second respondent sought costs associated with providing indemnity to third respondent - Authority found respondents made real effort to settle proceedings to provide better outcome for applicant than what was achieved through Authority determination - Authority found costs should follow event entitling first and second respondents to reasonable contribution to costs - Authority found typical case where largely uncontested facts - Authority found not special case justifying higher award than average - Authority found first and second respondents entitled to reasonable contribution to costs |
| Result | Costs in favour of first respondent ($3,800) ; Costs in favour of second respondent ($1,350) |
| Main Category | Costs |
| Statutes | ERA s159;ERA Second Schedule cl 15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 30a_09.pdf [pdf 19 KB] |