Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 51A/10
Determination date 28 September 2010
Member G J Wood
Representation K O'Sullivan ; A Walker
Location Wellington
Parties New Zealand Tramways and Public Passenger Transport Employees Union Inc & Anor v Mana Coach Services Ltd
Other Parties Duffell
Summary COSTS – Unsuccessful dispute – Length of investigation meeting not specified – Respondent claimed applicants knew any potential gain was minimal and outcome of case obvious – Respondent claimed applicants chose to reserve key submissions until memorandum in reply which led to additional costs – Respondent sought $2,380 indemnity costs – Applicants claimed dispute genuine and no costs should be awarded – Applicants alternatively claimed full costs should not be awarded due to genuine dispute about operation of collective employment agreement – Authority found problems between parties involved other issues additional to dispute – Found main submissions from applicants came in as submissions in reply leading to additional costs being unnecessarily incurred by respondent – Found matter otherwise dealt with effectively and efficiently – Found costs should be minimal – Found no grounds for indemnity costs as genuine dispute - $500 costs appropriate
Result Costs in favour of respondent ($500)
Main Category Costs
Number of Pages 2
PDF File Link: wa 51a_10.pdf [pdf 10 KB]