| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 47/10 |
| Determination date | 04 March 2010 |
| Member | P Montgomery |
| Representation | A Shakespeare ; P Shaw |
| Location | Christchurch |
| Parties | MacFarlane v Canterbury District Health Board |
| Summary | COSTS - Dispute answered in favour of respondent - Half a day investigation meeting - Respondent sought full indemnity costs of $6,000 - Applicant claimed costs should lie where they fall - Respondent claimed applicant uncooperative in dealings with respondent and claim irrelevant and frivolous as based on expired collective employment agreement - Found while applicant did not seem to appreciate difficulty in pursuing matter was open to her to pursue it - Found tariff approach appropriate but with modifications to take account of respondent’s costs in preparing a brief concerned with pre-employment discussions - Authority took nominal rate of $3,000 and applied it to half day investigation meeting then increased it to take account of preparation of brief - Applicant to pay respondent $2,250 contribution to its reasonably incurred costs - Parties to agree on time payment schedule |
| Result | Costs in favour of respondent ($2,250) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;South Tranz Ltd and Ors v Strait Freight Ltd unreported, Full Court, 8 Apr 2008, CC 3/08;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73 |
| Number of Pages | 3 |
| PDF File Link: | ca 47_10.pdf [pdf 14 KB] |