| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 52A/09 |
| Determination date | 15 June 2009 |
| Member | J Wilson |
| Representation | A Hooker ; R Harrison |
| Location | Auckland |
| Parties | Jenkinson v Board of Trustees of Bayview Primary School |
| Summary | COSTS - Earlier unsuccessful application to raise grievance out of time - Applicant argued no income, lost house, and unable to find another job - Respondent sought $1,000 contribution to costs - Found respondent required to expend over $3000 to defend application - Authority found in circumstances where applicant denied opportunity because of failings of advocate would be unfair to penalise further - Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | ERA s115 |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Creedy v The Commissioner of Police [2008] NZSC 31 |
| Number of Pages | 4 |
| PDF File Link: | aa 52a_09.pdf [pdf 19 KB] |