| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 66/10 |
| Determination date | 15 March 2010 |
| Member | P Montgomery |
| Representation | J Beck ; R Smith, J Guthrie |
| Location | Christchurch |
| Parties | Dunlop v Kapiti Sports Ltd t/a Stirling Sports Dunedin |
| Summary | COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent argued exceptional circumstances in conduct of case provided grounds for substantive costs award – Respondent sought $8,000 contribution to costs – Authority found matters fell short of exceptional circumstances – Found respondent put to considerable expense defending claim – But for applicant being legally aided, would have awarded $4,000 plus disbursements – Found upward adjustment based on applicant’s failure to prove dismissal and attempt to re-categorise acceptance of apology – Found applicant to pay respondent sum equal to contribution in securing legal aid grant – Authority unable to order applicant pay more |
| Result | Costs in favour of respondent (sum equal to contribution in securing legal aid grant) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | ca 66_10.pdf [pdf 14 KB] |