| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 488A/10 |
| Hearing date | 15 Dec 2010 |
| Determination date | 17 December 2010 |
| Member | R Larmer |
| Representation | J Roberts ; K Spackman |
| Location | Auckland |
| Parties | Corrections Association of New Zealand v Chief Executive Department of Corrections |
| Summary | COSTS – Successful breach of contract and good faith applications – One longer than usual day investigation meeting – Authority found applicant predominantly successful – Applicant sought $33,000 contribution to $57,640 total costs – Found costs extraordinarily high – Found no information provided as to how amount made up – Applicant claimed proceedings could have been avoided if respondent prepared to delay decision on new roster – Applicant claimed respondent’s defence no obligation to consult without merit – Respondent claimed costs should be adjusted downwards because applicant did not use collective employment agreement dispute resolution provisions, applicant contributed to need to file proceedings, respondent genuinely believed met consultation obligations and respondent tried to settle matter – Found no factors to warrant downwards adjustment of daily tariff rate – Found daily tariff rate to be adjusted upwards because respondent pursued unmeritorious arguments – $4,750 contribution to costs appropriate |
| Result | Costs in favour of applicant ($4,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | CANZ v CE Department of Corrections unreported, M Urlich, 20 June 2010, AA 303/10;Johnson v Gilligan Business School unreported, Travis J, 3 April 2009, AC 14/09;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | aa 488a_10.pdf [pdf 21 KB] |