| Summary |
COSTS - Unsuccessful unjustified dismissal claim - Successful unjustified disadvantage claim - Length of investigation meeting not specified - Unsuccessful application to reopen investigation - Matter determined on the papers - Applicant sought $11,596 contribution to costs for substantive hearing, defending application to reopen investigation and costs application itself - Respondent claimed contribution of between $1,820 and $2,570 appropriate - Authority found costs in respect of reopening application uncontroversial - Applicant completely successful - Costs to follow event - Found no reason to depart from notional daily tariff approach - Found notional daily tariff to be $3,000 - Found had matter been dealt with in investigation meeting would have been half day meeting - Found, therefore, appropriate award $1,500 contribution to costs - Applicant claimed successful party in substantive proceedings - Respondent claimed successfully defended most of applicant’s claims and applicant only partially successful - Authority found applicant substantially unsuccessful but had modicum of success in respect to very small aspect of respondent’s management of employment relationship - Found therefore applicant entitled to token contribution to costs for substantive proceeding - Found $1,000 contribution appropriate - Found offended logic and common sense that applicant receive same level of costs as might have done if had been wholly successful - Authority rejected applicant’s claim that unless received substantial costs award effect of success would be rendered nugatory - Found not function of costs award to rebalance perceived unfairness in outcome of substantive proceedings - Applicant must accept reality that principal application fundamentally unsuccessful - Respondent to pay applicant $2,500 contribution to costs |