| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 402A/10 |
| Determination date | 19 November 2010 |
| Member | K J Anderson |
| Representation | S Scott ; G Malone |
| Location | Auckland |
| Parties | Clarke v Affco New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Half a day investigation meeting - Respondent sought $2,500 contribution to total costs of $5,006 - Applicant claimed costs should lie where they fall - Applicant claimed did not have means to pay any costs - Applicant unemployed since dismissal - Applicant provided evidence of weekly earnings - Applicant referred Authority to determination where Authority found was appropriate no award of costs in circumstances - Authority found determination distinguishable on facts and nature of claims - Found applicant provided no evidence of overall financial position or whether able to pay own counsel - However, accepted applicant faced some financial difficulty and not appropriate for Authority to impose hardship on unsuccessful party - Found in all circumstances reduced order for costs appropriate - Applicant to pay respondent $1,000 contribution to costs - In event applicant unable to make payment in one sum parties to agree upon time payment schedule - Leave granted to parties to return to Authority if unable to agree on schedule |
| Result | Costs in favour of respondent ($1,000) |
| Main Category | Costs |
| Cases Cited | Cameron v PBT Couriers Ltd unreported, J Crichton, 17 Mar 2009, CA 30/09;Clarke v AFFCO New Zealand Ltd unreported, K Anderson, 7 Sep 2010, AA 402/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 402a_10.pdf [pdf 12 KB] |