| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 321A/09 |
| Determination date | 17 November 2009 |
| Member | D King |
| Location | Auckland |
| Parties | Kavanagh v Ascot Aluminium Ltd |
| Summary | COSTS - Successful personal grievance claim - Successful arrears of wages and holiday pay claim - One day investigation meeting - Applicant sought $9,000 contribution to total costs of $14,195 plus disbursements of $110 - Applicant sought additional $3,600 in relation to breach of statute claim - Respondent claimed $3,500 was fair contribution to applicant’s costs - Costs not to be used as punishment - Found applicant’s costs claim was very high - Applying principles in PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 respondent to pay applicant $4,000 contribution to costs plus disbursements of $110 |
| Result | Costs in favour of applicant ($4,000) ; Disbursements in favour of applicant ($110) |
| Main Category | Costs |
| Cases Cited | Bradbury and Anor v Westpac Banking Corporation [2009] NZCA 234;Cliff and Anor v Air New Zealand Ltd [2006] 1 ERNZ 694;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 321a_09.pdf [pdf 13 KB] |