| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 35/10 |
| Determination date | 18 February 2010 |
| Member | H Doyle |
| Representation | M van den Bergh ; RE Bishop (in person), ME Bishop (in person) |
| Location | Christchurch |
| Parties | Bennet v Bishop and Anor t/a Debtor Communications |
| Other Parties | Bishop |
| Summary | COSTS – Successful personal grievance – Unsuccessful counterclaim – One day investigation meeting – Applicant sought $10,167 indemnity costs – Applicant claimed respondent hindered resolution process, counterclaim unmeritious, failed to provide wage and time records, and made unfounded dishonesty allegations – Respondent argued costs claim incomplete and contained irrelevant information therefore should be dismissed – Respondent sought costs against applicant in relation to attending solicitors preparing challenge to Authority determination and attendances at investigation meeting – Authority found costs should follow the event – Found indemnity costs not appropriate as respondent unrepresented at substantive investigation therefore unaware submissions lacked merit – Found respondent made allegations against applicant however not appropriate for Authority to take conduct into costs consideration as appeal pending before Employment Court – Found applicant’s costs reasonable, factual complexities in dispute, and counterclaim increased costs – Found failure to provide time and wage records increased costs – Found respondent’s failure to ensure attendance of their witnesses not deliberate – Found $4,800 reasonable contribution to costs appropriate – Costs in favour of applicant |
| Result | Costs in favour of applicant ($4,800) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Bradbury and Anor v Westpac Banking Corporation [2009] NZCA 234;Counties Manukau Health Ltd t/a South Auckland Health v Pack unreported, Goddard CJ, 25 Oct 2000, AC 72A/00;Order of St John Midland Regional Trust Board v Greig [2004] 2 ERNZ 137;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 8 |
| PDF File Link: | ca 35_10.pdf [pdf 37 KB] |