Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 77/10
Determination date 17 February 2010
Member A Dumbleton
Location Auckland
Parties Kelly & Anor v Lodge at 199 Ltd
Other Parties McGill
Summary COSTS - Unsuccessful jurisdiction claim - Length of investigation meeting not specified - Respondent sought significant contribution to total costs of $6,266 - Claimed incurred unnecessary and unjustified expenditure of time, money and resources in defending claim - Authority found purpose of costs to compensate not punish - Found exercise of discretion to award costs to be done in principled way - Found likely first applicant knew unlikely was in employment relationship - Applicants to pay half each of total sum of $3,400 as contribution to respondent’s costs
Result Costs in favour of respondent ($3,400)
Main Category Costs
Statutes ERA Second Schedule cl15
Cases Cited PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808
Number of Pages 2
PDF File Link: aa 77_10.pdf [pdf 10 KB]