| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 327A/10 |
| Determination date | 01 October 2010 |
| Member | R A Monaghan |
| Representation | A Vujnovich ; E Kuo |
| Location | Auckland |
| Parties | Lee v Yoon and Anor t/a Gold Coin |
| Summary | COSTS - Unsuccessful personal grievance - Successful arrears of wages and holiday pay claim - Less than one day investigation meeting - Respondents claimed applicant rejected two settlement offers made prior to investigation meeting - Respondents sought $5,606 contribution to costs, being costs incurred from date of first settlement offer - Authority found settlement offers too imprecise to allow finding that applicant’s rejection should increase costs to level sought by respondents - Found applicant unsuccessful in personal grievance claim - Found applicant successful in arrears of wages and holiday pay claim but Authority did not accept all applicant’s allegations and calculations associated with claim - Authority took into account that majority of investigation meeting concerned personal grievance claim - Found statements of evidence focussed substantially on personal grievance - Found costs would have been incurred correspondingly - Found on balance, respondents more successful party and that was to be reflected in costs award in their favour - Found at same time since respondents’ success less than complete Authority would not apply full notional daily rate - Authority gave small weighting to fact applicant would have been better off if accepted either settlement offer - Taking notional daily rate for part day investigation meeting applicant to pay respondent $2,000 contribution to costs - Respondents applied for order that any payments owed to applicant be paid by instalment - Found threshold for order for payments by instalment high one and could be made only if financial position of employer required it - Found based on evidence respondents’ financial position did not require order for payment by instalments - Application declined |
| Result | Costs in favour of respondents ($2,000) |
| Main Category | Costs |
| Statutes | ERA s131(1A);Legal Services Act 2000 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | aa 327a_10.pdf [pdf 22 KB] |