| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 249A/10 |
| Determination date | 24 September 2010 |
| Member | D Asher |
| Representation | R Harrison ; D Kilpatrick |
| Parties | Page v New Zealand Language Centres Ltd (formerly GEOS (New Zealand) Ltd) |
| Summary | COSTS - Successful personal grievance - Unsuccessful counterclaim - Two day investigation meeting - Applicant sought a two thirds contribution of $12,282 to total costs of $20,771 - Applicant claimed entirely successful and successfully defended respondent’s counterclaim - Applicant claimed volume of evidence respondent produced, some of which was unnecessary, unduly extended hearing time and costs - Claimed respondent’s failure to produce wage and time records despite repeated requests made applicant’s task of presenting claim difficult and time consuming - Respondent claimed costs sought well above normal awards in Authority - Claimed evidence produced succinct - Claimed lack of detailed records direct result of applicant’s failure to properly account for and records expenses incurred - Claimed lack of records did not increase preparation time - Claimed counterclaim genuinely raised - Claimed matters relied on by applicant did not justify costs sought or Authority departing from well established principles - Authority noted Employment Court granted interim stay of enforcement of substantive determination - Found respondent did not seek, nor was there any basis provided in judgement, to delay making costs determination in respect of substantive determination - Found applicant entirely successful in claims and in defence of respondent’s counter-claim - Found investigation incomplete after two-full days and parties agreed outstanding matters would be dealt with by way of affidavits and submissions - Authority satisfied that, in all circumstances and in particular having regard to size of matters applicant obliged to bring and defend costs award of $12,000 appropriate - Respondent to pay applicant $12,000 contribution to costs |
| Result | Costs in favour of applicant ($12,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Costs |
| Cases Cited | New Zealand Language Centres Ltd (Formerly Geos New Zealand Ltd) v Page [2010] NZEMPC 124;Page v New Zealand Language Centres Ltd (formerly GEOS (New Zealand) Ltd) unreported, D Asher, 25 May 2010, AA 249/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | aa 249a_10.pdf [pdf 13 KB] |