| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 40A/10 |
| Determination date | 11 June 2010 |
| Member | J Wilson |
| Representation | P Wicks ; C Patterson |
| Location | Auckland |
| Parties | Guida v Ogilvy New Zealand Ltd |
| Summary | COSTS - Successful personal grievance - Two day investigation meeting - Applicant sought $7,000 contribution to costs - Applicant claimed was successful party and costs should follow the event - Applicant claimed daily tariff approach applicable with increase for respondent’s conduct that increased time of investigation meeting - Respondent sought $7,500 contribution to costs - Respondent claimed applicant only partially successful as claim for entitlement to salary as result of early termination of fixed term agreement rejected - Authority found appropriate case to use discretion and exercise equity and good conscience jurisdiction to make award that was fair and consistent with circumstances - Found had applicant simply claimed redundancy not genuine or procedurally unjustified outcome would have been same but investigation meeting would have likely only occupied one day - Found appropriate to take that hypothetical scenario to form basis of costs award - Found apart from difficulty in arranging for respondent’s director to be available for investigation meeting parties conducted themselves efficiently - Respondent to pay applicant $3,000 contribution to costs |
| Result | Costs in favour of applicant ($3,000) |
| Main Category | Costs |
| Cases Cited | Guida v Ogilvy New Zealand Ltd unreported, J Wilson, 3 Feb 2010, AA 40/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 40a_10.pdf [pdf 14 KB] |