| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 199A/10 |
| Determination date | 26 July 2010 |
| Member | R Arthur |
| Representation | M Steele ; J Turner |
| Location | Auckland |
| Parties | Heller v Atlas Quarries Ltd |
| Summary | COSTS - Unsuccessful raising personal grievance application - Less than half a day investigation meeting - Respondent sought “substantial contribution” to total costs of over $10,000 - Applicant had asked Authority to delay determining costs until submitted application for reopening investigation - No application made - Authority noted reopening unlikely to be successful - Authority found appropriate for costs to follow the event - Authority took notional daily rate of $3,000 and applied it to less than half a day investigation meeting to take $1,500 costs as starting point - Found costs award of $1,000 appropriate - Found respondent provided insufficient information for Authority to determine reasonableness of costs - Applicant of limited means and unable to pay substantial contribution to costs - Costs awards generally modest and not punitive - Applicant to pay respondent $1,000 contribution to costs |
| Result | Costs in favour of respondent ($1,000) |
| Main Category | Costs |
| Statutes | ERA s65(2)(vi);ERA s114(4);ERA s114(4)(a);ERA s115(c) |
| Cases Cited | Heller v Atlas Quarries Ltd unreported, R Arthur, 30 Apr 2010, AA 199/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 199a_10.pdf [pdf 19 KB] |