| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 81A/10 |
| Determination date | 30 April 2010 |
| Member | P Cheyne |
| Representation | Am McInally ; D Hudson |
| Location | Christchurch |
| Parties | Gray v Best Removals Otago Ltd |
| Summary | COSTS – Successful claim for withheld wages and holiday pay – Claims of unjustified dismissal, unjustified disadvantage and arrears dismissed – Length of investigation meeting not specified – Both parties claimed costs – Respondent argued constructive dismissal allegation and claim for arrears clearly unsustainable and respondent put to unnecessary cost in defending claims – Authority found if respondent had offered to pay money unlawfully withheld likely costs would be awarded in respondent’s favour – Found other matters not reasonably brought – Found if applicant had only advanced claim for withheld money would have made award of costs in applicant’s favour – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 81a_10.pdf [pdf 16 KB] |