| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 2A/10 |
| Determination date | 23 March 2010 |
| Member | D Asher |
| Representation | J Sumner, G O'Connell ; G Gowland |
| Location | Wellington |
| Parties | Janor v Capital Air Conditioning and Refrigeration Ltd t/a Temperature Solutions |
| Summary | COSTS - Unsuccessful personal grievance - Half a day investigation meeting - Respondent claimed applicant’s solicitors had not responded to approaches regarding costs - Claimed costs almost always followed the event - Claimed Authority determined applicant’s case lacked substance or merit and therefore appropriate respondent be granted reasonable and realistic contribution to costs - Claimed $3,000 reasonable contribution to costs plus disbursements - Applicant claimed sent respondent costs proposal and received no response - Claimed case arguable and on balance reasonably brought - Claimed costs award should be modest - Claimed applicant had no savings - Applicant asked Authority to order costs of no more than $750 to be paid by instalment - Found taking parties submissions into account applicant ordered to pay respondent $750 contribution to its fair and reasonable costs - Costs to be repaid in weekly amounts of $25 |
| Result | Costs in favour of respondent ($750) |
| Main Category | Costs |
| Cases Cited | BFS Marketing v Field [1993] 2 ERNZ 325;Graham v Airways Corporation of New Zealand Ltd (2004) 7 NZELC 97,421 (ERA);Janor v Capital Air Conditioning and Refrigeration Ltd t/a Temperature Solutions unreported, D Asher, 7 Jan 2010, WA 2/10;NZ Air Line Pilots' Assn IUOW v Registrar of Unions [1989] 2 NZILR 550 ; (1989) ERNZ Sel Cas 304;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | wa 2a_10.pdf [pdf 11 KB] |