| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 1A/10 |
| Determination date | 18 March 2010 |
| Member | P Cheyne |
| Representation | M Crowe ; L Penno |
| Location | Christchurch |
| Parties | Crowe v Creenburn Dairy Farm Ltd |
| Summary | COSTS - Unsuccessful interim reinstatement application - Length of investigation meeting not specified - Unsuccessful personal grievance - Less than one day investigation meeting - No costs submissions received from applicant - Respondent sought full costs of $13,757 or alternatively two days at daily tariff of $4,500 - Authority commented that respondent’s costs claim included GST when it should have not as respondent GST registered entity - Also noted included time for counsel’s attendance at mediation and Authority’s usual approach not to include mediation costs in costs awards - Found not appropriate case for indemnity costs - Found applicant entitled to put justification for dismissal to test and nothing in applicant’s or counsel’s conduct that unnecessarily increased costs - Found daily tariff of $3,000 appropriate starting point - Found daily tariff for interim reinstatement application should be increased because matter dealt with under urgency and respondent had to assemble number of affidavits at short notice from witnesses in rural communities away from counsel’s base - Found $4,500 contribution to costs appropriate - However, Authority did not accept daily tariff should be increased for substantive investigation as much of preparation work already done - Found $3,000 contribution appropriate - Found nothing to suggest applicant could not meet costs award - Applicant to pay respondent $7,500 contribution to costs |
| Result | Costs in favour of respondent ($7,500) |
| Main Category | Costs |
| Cases Cited | Johnson v Gilligan Business School Ltd unreported, Travis J, 3 Apr 2009, AC 14/09;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 |
| Number of Pages | 3 |
| PDF File Link: | ca 1a_10.pdf [pdf 16 KB] |