Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No AA 169A/10
Determination date 26 July 2010
Member R Arthur
Representation S Lomas ; A Swan
Location Auckland
Parties Tree v Jansen Ltd
Summary COSTS - Successful personal grievance - Unsuccessful counterclaim - Length of investigation meeting not specified - Applicant sought full costs of $6,715 - Respondent claimed applicant failed in contending redundancy not genuine and “extremely modest” award of costs should be made for success in gaining compensation for flawed procedure - Authority found costs follow the event - Found award of full costs not justified - Found starting point of $3,000 notional daily rate appropriate - Found increase of $1,000 appropriate because of preparation time required by applicant for respondent’s unmeritorious counterclaim for damages - Respondent to pay applicant $4,000 contribution to costs
Result Costs in favour of applicant ($4,000)
Main Category Costs
Cases Cited PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Tree v Jansen Ltd unreported, R Arthur, 13 Apr 2010, AA 169/10
Number of Pages 3
PDF File Link: aa 169a_10.pdf [pdf 16 KB]