| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 86A/10 |
| Hearing date | 11 Nov 2010 |
| Determination date | 12 November 2010 |
| Member | D Asher |
| Representation | W Peacock (in person) ; G Malone |
| Location | Wellington |
| Parties | Peacock v Affco Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Less than one day investigation meeting - Applicant claimed not in financial position to contribute to costs sought by respondent - Respondent sought $3,000 contribution to actual costs of approximately $5,100 - Respondent claimed costs should follow the event - Respondent claimed in interim raising personal grievance claim Authority gave clear notice to applicant substantive claims unlikely to succeed without further corroborative evidence and even if successful contributory conduct would be a factor - Claimed applicant proceeded despite advice and continued to seek remedies that were either grossly excessive or incapable of being granted - Claimed while financial hardship and ability to pay was relevant consideration did not justify refusal to award costs at all - Authority accepted respondent’s submissions, particularly that applicant on clear notice of risk of proceeding with substantive claims – Having regard to that, and short duration of investigation meeting Authority satisfied $2,000 costs award in favour of respondent appropriate - Found respondent willing to accept payment over of time - Applicant to pay respondent $2,000 contribution to costs |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Cases Cited | Peacock v AFFCO New Zealand Ltd unreported, D Asher, 1 Feb 2010, WA 14/10;Peacock v AFFCO New Zealand Ltd unreported, D Asher, 5 May 2010, WA 86/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | wa 86a_10.pdf [pdf 13 KB] |