| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 75A/09 |
| Determination date | 04 August 2009 |
| Member | R A Monaghan |
| Representation | P Weston ; M Edwards, M Salmen |
| Location | Auckland |
| Parties | Hamon v Coromandel Independent Living Trust |
| Summary | COSTS – Unsuccessful personal grievance – Three day investigation meeting – Respondent sought contribution to costs of $18,966 plus disbursements of $3,013 – Respondent argued determination entirely in its favour and significant costs incurred – Respondent claimed significant time spent on allegation that was fanciful and could not be proved – Applicant claimed respondent’s approach to negotiations involved unlawful conduct that was predatory and oppressive – Alleged conduct not part of evidence before Authority – Authority found offers did not indicate oppressive conduct by respondent – Found respondent made reasonable settlement offer given unmeritorious nature of applicant’s claim – Found reasonable to adjust daily rate upwards to $4,500 – Found contribution of $13,500 and disbursements of $1,432 appropriate |
| Result | Costs in favour of respondent ($13,500) ; Disbursements in favour of respondent ($1,432.40) |
| Main Category | Costs |
| Statutes | ERA s148 |
| Cases Cited | PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808;Binnie v Pacific Health Limited [2002] ERNZ 438 |
| Number of Pages | 6 |
| PDF File Link: | aa 75a_09.pdf [pdf 20 KB] |