| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 255A/09 |
| Determination date | 05 October 2009 |
| Member | R Arthur |
| Representation | M Mitchell ; B Edwards |
| Location | Auckland |
| Parties | Mercer v Maori Television Service |
| Summary | COSTS - Unsuccessful interim injunction application - Half day investigation meeting - Unsuccessful personal grievance - One and a half day investigation meeting - No submission on costs received from applicant - Respondent sought $17,975 contribution to total costs of $25,375 - Found insufficient evidence provided to determine if respondent’s costs reasonable - Found notional daily rate, adjusted up or down for relevant factors, to apply - Respondent claimed notional daily rate should be increased due to applicant unnecessarily wasting time on allegations respondent had security camera footage and rejection of settlement offer - Authority accepted applicant’s request for security camera footage unnecessarily wasted time - Found applicant knew was no relevant footage - Costs to be increased by $500 - Found in circumstances no upward adjustment to be made for applicant’s refusal to accept settlement offer - Found applicant entitled to have substantive claim fully considered - Found as no evidence of applicant’s ability to pay provided unable to make adjustment up or down to reflect that - Applicant to pay $6,500 as reasonable contribution to respondent’s costs - Leave reserved for either party to seek directions or orders if unable to agree to suitable payment plan if one required |
| Result | Costs in favour of respondent ($6,500) |
| Main Category | Costs |
| Cases Cited | Mercer v Maori Television Service unreported, R Arthur, 12 Dec 2008, AA 423/08;Mercer v Maori Television Service unreported, R Arthur, 30 Jul 2009, AA 255/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 255a_09.pdf [pdf 15 KB] |