| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 200A/10 |
| Determination date | 21 June 2010 |
| Member | M Urlich |
| Representation | S Hornsby-Geluk ; C Patterson |
| Location | Auckland |
| Parties | Whitten v Ogilvy New Zealand Ltd |
| Summary | COSTS – Successful personal grievance – Three day investigation meeting – Applicant advised incurred total costs of $40,271 plus GST - Applicant claimed applying daily tariff approach $9000 plus GST reasonable starting point but circumstances of case justified indemnity costs award – Authority found purpose of costs not to punish or express disapproval for conduct not related to proceedings or unnecessarily increases costs – Indemnity costs declined – Found, however, grounds existed for high costs award – Authority found applicant had incurred high level of costs – Found applicant wholly successful in claims – Found respondent aggressively and without merit opposed claim and made no genuine settlement offers – Found respondent’s challenge to witness giving evidence reprehensible – Found respondent’s conduct during investigation discourteous, disruptive, and uncooperative – Found respondent’s threat to pursue High Court action against applicant was repeated during investigation meeting – Authority set reasonable notional daily rate at $9000 plus GST to be multiplied by 3 days – Respondent ordered to pay applicant $27,000 plus GST contribution to costs plus disbursements |
| Result | Costs in favour of applicant ($30,375) ; Disbursements ($400.60) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 200a_10.pdf [pdf 25 KB] |