| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 69A/09 |
| Determination date | 24 August 2009 |
| Member | J Crichton |
| Representation | no appearance ; S Tait |
| Location | Christchurch |
| Parties | Kim v Kenzo ltd |
| Summary | COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought contribution to total costs of $7,599 - Authority found respondent more successful party than applicant in substantive hearing – Respondent argued more than half total costs attributable to mediations – Respondent claimed contribution to costs because of applicant’s unsatisfactory behaviour in mediations – Extra costs incurred because of applicant’s language difficulties – Found costs reasonable including additional disbursements by reason of translation and interpreter – Respondent argued applicant’s unjustified dismissal claim completely without merit – Accepted by Authority – Authority declined to use tariff-based approach – Found respondent put to unnecessary and unreasonable expense in defending claim – Applicant entitled to be paid holiday pay – Respondent offered generous formula of calculation for holiday pay prior to hearing – Applicant turned proposal down flat which led to further costs – Applicant ordered to contribute $5,000 to respondent’s costs – Amount reduced due to financial strain on applicant – RECOVERY OF MONIES – Applicant already owed respondent $2,264 in unworked notice – Applicant ordered to pay money owed – ARREARS OF HOLIDAY PAY – Respondent owed applicant $1,373 in unpaid holiday pay – Amount to be set off against amount owed by applicant to respondent so total indebtedness reduced to $5,890 – Applicant given time to complete payment |
| Result | Costs in favour of respondent ($5,890.86) |
| Main Category | Costs |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808;Graham v Airways Corporation of New Zealand Ltd unreported, Dumbleton, 28 January 2004, Auckland, AA39/04 |
| Number of Pages | 6 |
| PDF File Link: | ca 69a_09.pdf [pdf 20 KB] |