| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 78B/09 |
| Determination date | 01 October 2009 |
| Member | P Cheyne |
| Representation | P Macdonald ; R Thompson |
| Location | Christchurch |
| Parties | Painter v Canstaff Ltd |
| Summary | COSTS - Successful arrears of wages claim - Half day investigation meeting - Applicant claimed respondent’s position significantly devoid of merit and sought $2,000 costs - Respondent claimed costs should lie where they fall - Found matter not factually or legally complex - Found respondent’s conduct not such as to cause additional costs for applicant that it should now pay - Found not case where costs should lie where they fall as applicant successful on major ground in dispute - Found as respondent successful on preliminary point entitled to costs award of $250 - Taking into account award of costs in favour of respondent, respondent to pay applicant $1,250 contribution to costs - PRACTICE AND PROCEDURE - Authority reserved calculation of holiday pay in case of disagreement of quantum - Respondent ordered to pay applicant $726 holiday pay |
| Result | Costs in favour of applicant ($1250) ; Arrears of holiday pay ($726) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 78b_09.pdf [pdf 12 KB] |