| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 70A/09 |
| Determination date | 23 December 2009 |
| Member | P Cheyne |
| Representation | H McAra ; J Copeland |
| Location | Christchurch |
| Parties | Conrad v Real Journeys Ltd |
| Summary | COSTS - Unsuccessful breach of contract claim - Length of investigation meeting not specified - Respondent sought $3,000 costs plus $770 disbursements - Applicant drew Authority’s attention to six month delay in respondent claiming costs - Applicant claimed matter essentially dispute about interpretation, operation or application of employment agreement and in those circumstances neither party should seek costs against the other, regardless of outcome - Found while proceedings were in employee’s name matter was essentially dispute about interpretation, operation or application of employment agreement negotiated between respondent and applicant’s union - Found while applicant had alternative argument had been breach of implied term of employment agreement, matter essentially dispute - Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | New Zealand Tramways Union (Wellington Branch) v Wellington City Transport trading as Stagecoach New Zealand [2002] 2 ERNZ 435;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | ca 70a_09.pdf [pdf 15 KB] |