| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 108/10 |
| Determination date | 08 June 2010 |
| Member | D Asher |
| Representation | T Petherick ; S Webster |
| Location | Wellington |
| Parties | Shortland v Alexander Construction Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Half a day investigation meeting - Successful challenge in Employment Court (“EC”) - Applicant sought full costs of $3,158 - Applicant in receipt of legal aid grant - Applicant claimed concerns raised by Authority were incorrect and demonstrated a lack of knowledge of operation of legal aid under Legal Services Act 2000 - Applicant claimed subject to grant within guideline rates and did not receive any extension of legal aid for additional personal grievances which were not pursued - Claimed at time of EC hearing legal aid application declined and granted only following EC’s decision and formal review of decision not to grant aid - Respondent sought indemnity costs - Respondent claimed because of applicant’s failure to acknowledge some claims statute barred until investigation meeting obliged to prepare for those allegations and incur unnecessary costs of time, money, and other resources - Found applicant’s Statement of Problem did not make clear some grievances no longer being pursued - Found prudent respondent would have prepared for all matters applicant had previously raised - Authority found as applicant successful entitled to contribution to costs - Found having regard to nature and length of investigation and counsels’ submissions respondent to pay applicant $1,500 contribution to costs |
| Result | Costs in favour of applicant ($1,500) |
| Main Category | Costs |
| Statutes | Employment Relations Authority Regulations 2000 Schedule 1 Form 1;Legal Services Act 2000 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Shortland v Alexander Construction Ltd unreported, D Asher, 27 Aug 2009, WA 118/09;Shortland v Alexander Construction Limited [2010] NZEMPC 41;Stevenson v Bentan Twisted Ltd unreported, D Asher, 16 Feb 2009, WA 14/09 |
| Number of Pages | 5 |
| PDF File Link: | wa 108_10.pdf [pdf 22 KB] |