| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 111A/09 |
| Determination date | 06 October 2009 |
| Member | D Asher |
| Representation | A Kothroulas, J Langford ; K Berry |
| Location | Wellington |
| Parties | Jones v Innovative Interiors Wellington Ltd |
| Summary | COSTS - Successful personal grievance claim - Half day investigation meeting - Respondent claimed applicant contributed to situation leading to grievance and did not attempt to mitigate loss so should not be awarded costs - Claimed had made loss over past year and any award would need to be distributed over manageable payment period - Applicant claimed failure to mitigate loss already considered in Authority’s decision not to award reimbursement of lost wages - Claimed was ready and willing to settle matter at various stages - Found no reason for costs not to follow event or to depart from daily tariff approach - Found contribution of $1,500 towards applicant’s fair and reasonable costs appropriate - Found without more evidence of respondent’s financial circumstances unable to assess what, if any, repayment period appropriate - Parties to endeavour to reach agreement on repayment regime |
| Result | Costs in favour of applicant ($1,500) |
| Main Category | Costs |
| Cases Cited | Jones v Innovative Interiors Wellington Ltd unreported, D Asher, 17 Aug 2009, WA 111/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 111a_09.pdf [pdf 15 KB] |