| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 44A/10 |
| Determination date | 20 April 2010 |
| Member | M Urlich |
| Representation | D Cowan ; J Douglas |
| Location | Auckland |
| Parties | Riosa v NRG Home Electrical Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought $6,000 contribution to total costs of $7132 plus disbursements - Respondent claimed applicant wholly unsuccessful and costs should follow the event - Claimed counterclaim arose from applicant’s wage arrears claim and did not contribute to complexity of proceedings - Claimed matter had degree of factual and legally complexity - Claimed costs incurred reasonable and necessary - Authority found costs award warranted - Found in circumstances, given length of investigation meeting and accepting usual notional daily rate of $3,000 award of $5,000 appropriate - Applicant to pay respondent $5,000 contribution to costs plus $50 disbursements |
| Result | Costs in favour of respondent ($5,000) ; Disbursements in favour of respondent ($50) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Riosa v NRG Electrical Ltd unreported, M Urlich, 3 Feb 2010, AA 44/10;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73 |
| Number of Pages | 2 |
| PDF File Link: | aa 44a_10.pdf [pdf 22 KB] |