| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 152/09 |
| Determination date | 09 October 2009 |
| Member | D Asher |
| Representation | B Eden (Applicant in person) ; G O'Sullivan, N Flint |
| Location | Wellington |
| Parties | Eden v Rutherford & Bond Ltd |
| Summary | COSTS – Applicant withdrew personal grievance claim day before investigation meeting – Respondent argued applicant’s conduct unnecessarily added to costs – Applicant argued respondent chose not to mediate again and therefore incurred greater expense – Applicant claimed withdrew application because request declined for adjournment – Authority rejected explanation – Found no evidence applicant’s intention was to put respondent to extra expense – Found applicant’s conduct did add to costs incurred by respondent – Found appropriate applicant should meet consequences by higher than normal costs award – Respondent entitled to contribution to costs |
| Result | Costs in favour of respondent ($4,500) |
| Main Category | Costs |
| Statutes | ERA s103A |
| Cases Cited | PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 152_09.pdf [pdf 16 KB] |