Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 14A/09
Determination date 13 August 2009
Member P Montgomery
Representation A McKenzie ; P Zwart
Location Christchurch
Parties Te Amo v Reworks NZ Ltd
Summary COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought contribution to total costs of $18,740 - Respondent claimed in all circumstances of case substantial contribution to costs warranted - Respondent claimed applicant’s production of secret tape evidence created extraordinary amount of work - Claimed if evidence disclosed initially could have been considered in attempts to resolve issue before or at mediation - Authority found withholding evidence of clandestinely recorded tape of critical meeting was bad faith - Authority found while applicant’s behaviour deceitful at best not such as to warrant finding of exceptional circumstance justifying voiding applicant’s protection under Legal Services Act 2000 - Authority concerned at expense respondent incurred in dealing with late disclosure of tape - Found, however, given applicant legally aided Authority limited to awarding respondent sum applicant paid to Legal Services Agency
Result Costs in favour of respondent (Quantum to be determined)
Main Category Costs
Statutes Legal Services Act 2000
Cases Cited PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808
Number of Pages 2
PDF File Link: ca 14a_09.pdf [pdf 14 KB]