| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 2 |
| Determination date | 05 January 2011 |
| Member | Y S Oldfield |
| Representation | Kumar; A Drake, N Taefi |
| Location | Auckland |
| Parties | Sharma v Auckland District Health Board |
| Summary | COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent filed costs submissions several days late - No costs submissions received from applicant - Authority found bound to consider and determine respondent’s claim notwithstanding was late and applicant had not responded - Respondent sought $4,000 contribution to total costs of $24,402 - Respondent claimed applicant’s failure to provide proper details of claim increased respondent’s costs as had to prepare more than otherwise would - Respondent claimed made attempts to settle matter after mediation and prior to investigation meeting but applicant did not respond - Authority found even allowing for fact applicant not professionally assisted claim not fully particularised and additional matters raised as late as investigation meeting - Found made it difficult for respondent and Authority to be clear about applicant’s exact concerns - Found although respondent’s costs high, given small number of witnesses and relative lack of complexity, contribution sought not excessive - Authority satisfied appropriate to order contribution within normal range for straightforward one day personal grievance claim - Applicant to pay respondent $2,000 contribution to costs plus disbursements |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_2.pdf [pdf 12 KB] |