| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 121A/09 |
| Determination date | 01 September 2009 |
| Member | P Cheyne |
| Representation | T Oldfield ; M Hodges |
| Location | Christchurch |
| Parties | Zhang v Scenic Circle Hotels Ltd |
| Summary | COSTS – Successful personal grievance – ï¾½ day investigation meeting – Applicant sought costs at low end of daily tariff due to use of union’s in-house counsel – Respondent argued costs should lie where they fall – Authority found representation by union did not disqualify party from costs award – Respondent argued should not have to pay for union solicitor’s travel costs – Authority found applicant would have incurred higher legal costs if instructed non-union solicitor in town – Found both parties benefitted from modest legal costs of union’s out of town solicitor – Respondent argued costs should be reduced due to Authority finding of 50 percent contributory conduct in personal grievance – Authority found applicant’s remedies already reduced and applicant not to be penalised twice – Found applicant entitled to contribution to costs in normal manner, as grievance successful – Found $750 contribution to costs appropriate – Applicant entitled to disbursements of $360 for travel and accommodation, and $70 filing fee |
| Result | Costs in favour of applicant ($750) ; Disbursements in favour of applicant ($430.68) |
| Main Category | Costs |
| Cases Cited | O’Connor v Wellington City Council [1990] 3 NZILR 653;O’Malley v Vision Aluminium Ltd [1992] 2 ERNZ 1043;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | ca 121a_09.pdf [pdf 15 KB] |