| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 48/10 |
| Determination date | 05 February 2010 |
| Member | R Arthur |
| Representation | J Peebles ; A Heinrich |
| Location | Auckland |
| Parties | Ip v Waikato Snooker and 8 Ball Club Inc. |
| Summary | COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought $3,000 contribution to costs and reimbursement of filing fee - Respondent claimed costs should lie where they fall or be limited to between $750 and $1,000 - Respondent noted Authority determined applicant’s conduct was serious misconduct but were procedural deficiencies - Respondent claimed applicant did not provide evidence of actual costs incurred - Claimed earlier written closing submissions had sought costs of $2,000 - Claimed had made settlement offer - Found costs follow the event and applicant entitled to costs award - Found as no evidence of actual costs provided declined to award $3,000 costs - Found while notional daily rate could be applied reliable information about costs expected as costs award should be no more than modest and reasonable contribution to party’s reasonably incurred costs - Authority did not take account of settlement offer as was for less than applicant awarded - Respondent to pay $1,500 contribution to applicant’s costs |
| Result | Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Costs |
| Cases Cited | Ip v Waikato Snooker and 8 Ball Club Inc. unreported, R Arthur, 25 Nov 2009, AA 423/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 48_10.pdf [pdf 16 KB] |