| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 49A/10 |
| Determination date | 05 May 2010 |
| Member | H Doyle |
| Representation | D Pine ; K Ashcroft |
| Location | Christchurch |
| Parties | Ellis v Oaks Hotels & Resorts NZ Ltd |
| Summary | COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $12,000 contribution to costs plus GST – Applicant claimed daily tariff approach not appropriate – Applicant claimed respondent not initially prepared to attend mediation – Applicant claimed respondent made allegations applicant potentially guilty of criminal behaviour – Applicant claimed new allegations raised at investigation meeting and key witness for respondent failed to attend resulting in further briefs of evidence required and subsequent investigation meeting – Applicant argued allegations not proved – Respondent claimed conduct in defending grievance not unreasonable – Respondent argued applicant only partially successful because found contributed to personal grievance and remedies reduced by 20 percent – Authority found parties only attended mediation after statement of problem and reply lodged – Found mediation costs not to be taken into account because no additional costs incurred – Found two investigation meetings caused additional expense – Found $5,000 contribution to costs appropriate |
| Result | Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($217.15) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security) v Da Cruz [2005] ERNZ 808;Sefo v Sealord Shellfish Ltd unreported, Colgan CJ, 4 June 2008, CC 4B/08;White v Auckland District Health Board [2008] ERNZ 635 |
| Number of Pages | 5 |
| PDF File Link: | ca 49a_10.pdf [pdf 29 KB] |