| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 155A/10 |
| Determination date | 30 July 2010 |
| Member | Y S Oldfield |
| Representation | E Hartdegen ; D France |
| Location | Auckland |
| Parties | Khan v Air New Zealand Ltd |
| Summary | COSTS – Unsuccessful interim reinstatement application – Unsuccessful personal grievance – Two and half day investigation meeting – Respondent sought reasonable contribution to costs totalling $41,806 – Applicant claimed no prospect of future employment due to medical incapacity – Authority accepted applicant would face extreme difficulty finding new employment due to age and injury – Found if respondent, as one of nation’s largest employers, had no suitable to work for applicant, then hard to see who would - Found impossible to reconcile respondent’s decision to declare applicant vocationally independent and then dismiss applicant for incapacity – Found repugnant to equity and good conscience to order costs in favour of respondent – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | PBO Ltd v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 155a_10.pdf [pdf 13 KB] |