| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 38A/10 |
| Determination date | 14 May 2010 |
| Member | A Dumbleton |
| Representation | R Harrison ; S Langton |
| Location | Auckland |
| Parties | Watson v Progressive Enterprises Ltd |
| Summary | COSTS – Unsuccessful interim injunction - Successful personal grievance – Unsuccessful penalty claim - Length of procedural and substantive investigation meetings not specified – Costs determination relates to separate but related applications - Authority granted extension for applicant to make costs application on exceptional grounds – Respondent sought reasonable contribution to costs on interim restatement – Authority found respondent wholly successful however had respondent halted disciplinary action and awaited determination of applicant’s compliance order, dismissal would have been fully justified – Found respondent entitled to $2,500 contribution to costs of interim application – Applicant sought reimbursement for costs of compliance application – Found respondent’s actions caused applicant to waste expenses on compliance order – Found respondent to reimburse applicant $3,096 – Applicant claimed costs should lie where they fall with respect to unjustified dismissal – Claimed reasonable contribution of $4,000 to penalty claim as remedies awarded slight – Found costs to lie where they fall for unjustified dismissal – Found although successful in dismissal claim, received very little compensation and lost wages award – Found $4,000 reasonable contribution to costs for penalty – Costs in favour of respondent – Costs in favour of applicant |
| Result | Costs in favour of respondent ($2,500)(Successful interim restatement defence) ; Costs in favour of applicant ($3,096.75)(Reimbursement for compliance application) ($4,000)(Penalty costs) ; Costs to lie where they fall (Unjustified dismissal) |
| Main Category | Costs |
| Statutes | ERA s4(1A);ERA Second Schedule cl15 |
| Cases Cited | Watson v Progressive Enterprises Ltd unreported, A Dumbleton, 29 Jan 2010, AA 38/10 |
| Number of Pages | 4 |
| PDF File Link: | aa 38a_10.pdf [pdf 14 KB] |