| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 167A/10 |
| Determination date | 19 October 2010 |
| Member | P Cheyne |
| Representation | J O'Neil ; L Penno |
| Location | Christchurch |
| Parties | Walters v Tulloch Transport Ltd |
| Summary | COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought $4,500 contribution to total costs of $9,559 - Respondent claimed applicant refused to accept any wrongdoing and persisted with explanation for conduct that never raised during disciplinary process - Authority found no reason to depart from usual rule that costs follow the event - Found to increase costs because of applicant’s denial of culpability wrong in principle as would amount to punishing applicant - Found applicant entitled to advance view had done nothing wrong - Found not uncommon for employee to include in personal grievance claim an explanation for conduct not given during disciplinary process or to recast or modify explanation referred to - Found relevance of such material depended on all the circumstances of the case - Found applicant had mentioned explanation for conduct - Found issues required investigation and findings from Authority - Found although applicant found to be wrong, should not be punished by increased costs for position taken in proceedings - Found daily tariff appropriate - Applicant claimed not in financial position to pay award of more than $2,500 - Authority declined to adjust daily tariff as no evidence provided to establish applicant’s financial circumstances - Applicant to pay respondent $3,000 contribution to costs |
| Result | Costs in favour of respondent $3,000 |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73 |
| Number of Pages | 3 |
| PDF File Link: | ca 167a_10.pdf [pdf 13 KB] |