| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 425A/10 |
| Determination date | 03 December 2010 |
| Member | R A Monaghan |
| Representation | C Garvey ; A Russell |
| Location | Auckland |
| Parties | Watson v Counties Manukau District Health Board |
| Summary | COSTS – Unsuccessful raising personal grievance claim – One and a half day investigation meeting – Authority found appropriate to take into account extensive preparation required – Found actual length of investigation meeting half day but time required for investigation meeting considerably reduced due to preparation – Respondent sought $7,000 contribution to costs – Respondent acknowledged investigation meeting brief but voluminous and detailed material required to be filed – Applicant claimed award of costs punitive due to applicant’s financial circumstances – Applicant claimed appropriate to await decision of Employment Court on challenge to substantive determination – Found obliged to determine costs – Applicant claimed respondent should not be entitled to costs because failed to lodge statement in reply in time – Found statement in reply lodged in time – Found applicant’s claims inappropriate and misconceived – Found respondent entitled to seek contribution to costs – Authority found information about applicant’s financial circumstances not sufficient to warrant reduced order for costs – $4,500 contribution to costs appropriate |
| Result | Costs in favour of respondent ($4,500) |
| Main Category | Costs |
| Statutes | ERA s114;ERA s115;ERA s219;ERA s221;Employment Relations Authority Regulations 2000 r8;Employment Relations Authority Regulations 2000 r16 |
| Cases Cited | PBO Limited (formerly Rush Security Limited) v da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
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