| Summary |
COSTS - Successful personal grievance - Successful arrears of wages claim - Two day investigation meeting - Applicant sought total costs and disbursements of $59,291 - Respondents claimed should not be liable for costs in obtaining legal advice and way case presented and claims made excessive and inaccurate - Claimed Authority should adopt usual approach to costs - Authority found matter not legally or factually complex - However, because of length of time over which payments made and issues around identity or change of employer were some complicating factors - Found assessment of claim for arrears in absence of any records was time consuming rather than complex - Found applicant’s refusal to agree to bring claim against second respondent resulting in Authority having to propose joinder increased costs - Found costs also increased by applicant’s continued claim for lost wages beyond six years notwithstanding Authority’s guidance on matter at early stage - Applicant sought disbursements for accountant’s fees for analysis of unpaid wages, holiday pay and time in lieu - Authority found while analysis useful not case where was necessary - Found not case where award should be made - Applicant sought disbursements of $3,300 for legal advice and services obtained by applicant’s representative - Authority found not claim respondents should be responsible for - Authority found daily tariff of $3,000 appropriate starting point, making $6,000 contribution for two day investigation meeting - Found downward adjustment of $500 appropriate to reflect increased costs caused by applicant - Respondents to pay applicant $5,500 contribution to costs plus disbursements for filing fee and hearing fee - Respondent asked that costs be apportioned between two respondents - Found first respondent to pay 40 percent of costs and second respondent to pay 60 percent |