| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 96A/10 |
| Determination date | 12 June 2010 |
| Member | H Doyle |
| Representation | I Thompson ; P MacDonald |
| Location | Christchurch |
| Parties | Seelen v Ash Air (NZ) Ltd |
| Summary | COSTS - Successful unjustified disadvantage claim - Unsuccessful unjustified dismissal claim - Less than one day investigation meeting - Applicant sought $3,500 contribution to costs plus filing fee - Applicant claimed costs should be increased because of need for direction to mediation - Respondent claimed costs award of $1,000 appropriate - Claimed investigation meeting approximately half a day - Claimed should be no increase because of direction to mediation - Claimed rejection of applicant’s primary claim of unjustified dismissal should be taken into account - Authority found daily tariff of $3,000 appropriate starting point - Authority adjusted daily tariff down by $600 to reflect investigation meeting lasted less than day - Found no complex factual or legal issues - Found award should be adjusted upwards by $150 to reflect additional costs applicant incurred for telephone conference directing parties to mediation - Respondent to pay applicant $2,550 contribution to costs plus filing fee |
| Result | Costs in favour of applicant ($2,550) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Simpsons Farms Ltd v Aberhart [2006] ERNZ 825 |
| Number of Pages | 3 |
| PDF File Link: | ca 96a_10.pdf [pdf 11 KB] |