| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 178/10 |
| Determination date | 20 April 2010 |
| Member | M Urlich |
| Representation | L Darroch ; M Ryan |
| Location | Auckland |
| Parties | Lewis v Gateway Motel Ltd |
| Summary | COSTS - Successful personal grievance - Two part days investigation meeting - Applicant sought two third contribution to total costs of $6480 plus disbursements of $74 - Applicant claimed successful party and costs should follow the event - Claimed investigation not assisted by failure of key respondent witnesses to attend to give evidence - Claimed respondent failed to attend mediation as directed by Authority - Claimed comprehensive submissions prepared to address legal and factual matrix - No costs submissions received from respondent - Authority found costs award warranted - Found in circumstances, in particular, nature of matter, hearing time, respondent’s repeated failure to constructively participate in proceedings and accepting $3,000 as usual notional daily rate, award of $4,000 costs appropriate - Respondent to pay applicant $4,000 contribution to costs plus disbursements of $74 |
| Result | Costs in favour of applicant ($4,000) ; Disbursements in favour of applicant ($74) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Lewis v Gateway Motel Ltd unreported, M Urlich, 22 Dec 2009, AA 468/09;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 | 2 |
| PDF File Link: | aa 178_10.pdf [pdf 22 KB] |