| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 46A/09 |
| Hearing date | 2 Dec 2008 |
| Determination date | 15 July 2009 |
| Member | H Doyle |
| Representation | A Sharma ; N Ironside |
| Location | Nelson |
| Parties | Perkin v McCabe t/a McCabe Silviculture |
| Summary | COSTS - Successful personal grievance - One day investigation meeting - Applicant sought actual costs of $5,629 - Respondent submitted eight days before investigation meeting, respondent offered applicant written apology and sum greater than Authority award - Respondent claimed entitled to contribution to costs, or costs should lie where they fall - Authority found settlement proposals not greater than Authority award because applicant also entitled to costs, and settlement proposal included contribution to costs - Authority found no reason to depart from usual principle that successful party entitled to contribution to costs - Found settlement relevant insofar as applicant could have saved costs of investigation meeting and submissions - Authority found $2,500 costs appropriate, reduced to $2,000 to take settlement proposal into account - Applicant entitled to $2,000 contribution to costs and $70 filing fee |
| Result | Costs in favour of applicant ($2,000) ; Disbursements in favour of applicant ($70)(filing fee) |
| Main Category | Costs |
| Statutes | ERA s149 |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 46a_09.pdf [pdf 14 KB] |