| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 250A/10 |
| Determination date | 17 June 2010 |
| Member | M Urlich |
| Representation | M Nutsford ; J Duckworth |
| Location | Auckland |
| Parties | Radu v Duct Work Specialities Ltd |
| Summary | COSTS - Successful personal grievance - Unsuccessful bargaining claim - One day investigation meeting - Applicant sought total costs of $9,731 - Applicant claimed costs reasonably incurred and respondent adopted unreasonably obstructive approach to applicant’s claim, including failure to attend mediation within time specified by Authority - Respondent claimed costs should be no more than $2,000 given length of investigation meeting, applicant’s bargaining claim unsuccessful, and applicant’s conduct unnecessarily increased costs - Respondent denied deliberate delay in its conduct of matter - Authority found costs award warranted - Found no grounds for high costs award - Found purpose of costs not punitive - Found matter properly before Authority and parties participated in process - Given straightforward nature of matters and length of investigation meeting costs award of $2,500 appropriate - Respondent to pay applicant $2,500 contribution to costs |
| Result | Costs in favour of applicant ($2,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | PDF file not available for download, please contact us to request a copy. |