| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 245A/10 |
| Determination date | 10 December 2010 |
| Member | R A Monaghan |
| Representation | T J Delamere ; R Towner |
| Location | Auckland |
| Parties | Zeng v Air New Zealand Ltd |
| Summary | COSTS – Matter heard on the papers – Authority previously concluded investigation into applicant’s employment relationship problem would cease as applicant failed to attend or be represented at investigation meeting – Subsequent application to raise grievance out of time – Respondent sought 40 percent contribution to $23910 actual costs – Applicant claimed costs sought unreasonable and award would amount to injustice – Authority accepted respondent’s argument extensive efforts to ensure Authority provided with full information added unnecessarily to costs – Authority rejected applicant’s argument that respondent approached employment relationship without clean hands – Found not prepared to accept applicant’s approach to Authority was abuse of process – Authority applied notional reduction of $5000 – Found as almost no hearing time, strict application of notional daily rate with reference to hearing time would not be helpful – Authority noted difficulty in relation to costs in matter was that applicant’s failure to attend or be represented at abandoned meeting was accepted – Found even in absence of determination of substantive issue order for costs appropriate – Assessed activity at two days work and notional daily rate to be applied – Authority ordered applicant pay respondent $5000 costs for abandoned investigation meeting – Authority ordered applicant to pay respondent $4000 as no foundation for consideration of grant of leave to raise grievance – Authority ordered applicant to pay respondent $9000 contribution to costs |
| Result | Costs in favour of respondent ($9,000) |
| Main Category | Costs |
| Statutes | ERA s114;Immigration Act 1987;ERA Schedule 2, Cl 16 |
| Cases Cited | PBO Ltd (formerly Rush Security Limited) v Da cruz [2005] 1 ERNZ 808;Zeng v Air New Zealand Ltd unreported, L Robinson, 2 Apr 2009, AA 103/09;Zeng v Air New Zealand Ltd unreported, L Robinson, 29 Jul 2009, AA 103A/09;Zeng v Air New Zealand Ltd unreported, L Robinson, 24 May 2010, AA 245/10 |
| Number of Pages | 5 |
| PDF File Link: | aa 245a_10.pdf [pdf 24 KB] |