| 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Inspector filed Statement of Problem seeking arrears of holiday pay for two of respondent’s employees - Application withdrawn and respondent sought costs - Matter adjourned as Labour Inspector indicated would file further application as issue as to whether respondent or another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for arrears of holiday pay - Labour Inspector filed application against A - Parties settled matter and application withdrawn - Authority found Labour Inspector premature in filing Statement of Problem citing respondent alone - Found respondent incurred unnecessary costs as result -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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