Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 249A/09
Determination date 04 November 2009
Member R A Monaghan
Representation S Blick ; M Tolhurst
Location Auckland
Parties Robinson (Labour Inspector) v Weighpac Australasia Ltd
Summary COSTS - Supplementary costs decision - Applicant Labour Inspector filed Statement of Problem seeking arrears of holiday pay for two of respondent’s employees - Application withdrawn and respondent sought costs - Matter adjourned as Labour Inspector indicated would file further application as issue as to whether respondent or another company (“A”) liable for arrears of holiday pay - Labour Inspector filed application against A - Parties settled matter and application withdrawn - Authority found Labour Inspector premature in filing Statement of Problem citing respondent alone - Found respondent incurred unnecessary costs as result - Found A making payment without accepting liability insufficient to disentitle respondent to costs award - Respondent sought $1,925 contribution to costs - Respondent reduced level of costs sought to reflect Labour Inspector’s public duty to investigate employees’ claims - Authority reduced costs awarded to reflect amount included costs associated with mediation - Applicant to pay respondent $1,500 contribution to costs
Result Costs in favour of respondent ($1,500)
Main Category Costs
Cases Cited Robinson (Labour Inspector) v Weighpac Australsia Ltd unreported, R A Monaghan, 29 Jul 2009, AA 249/09
Number of Pages 2
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