Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 92/10
Determination date 02 March 2010
Member M Urlich
Representation S Corlett ; P Tremewan
Location Auckland
Parties Xu v ANZ Sky Tours Ltd
Summary COSTS - Unsuccessful personal grievance - Successful arrears of wages, holiday pay and penalty claim - Two day investigation meeting - Applicant claimed $7,500 contribution to costs plus $199 disbursements would be reasonable - Claimed applicant successful party and costs should follow the event - Respondent claimed $2,500 contribution to its costs would be reasonable - Claimed applicant only partially successful and not in major claims - Found award of costs warranted - Found in circumstances, in particular nature of matter, importance of matter to parties, hearing time, and accepting notional daily rate of $3,000 award of $5,000 costs reasonable - Respondent to pay applicant $5,000 contribution to costs plus disbursements
Result Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($199.38)
Main Category Costs
Statutes ERA Second Schedule cl15
Cases Cited PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;Xu v ANZ Sky Tours Ltd unreported, M Urlich, 17 Dec 2009, AA 457/09
Number of Pages 3
PDF File Link: aa 92_10.pdf [pdf 23 KB]