| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 22 |
| Determination date | 18 January 2011 |
| Member | M B Loftus |
| Representation | no appearance ; K Burson |
| Location | Auckland |
| Parties | Rathnayaka v Lab Tests Auckland Ltd |
| Summary | COSTS – Unsuccessful interim reinstatement application and personal grievance – 3 day investigation meeting – Investigation meetings to be consolidated to establish costs – No appearance for applicant – Respondent sought $18,000 contribution to $35,294 total costs – Respondent claimed applicant decided to proceed with interim hearing although offered early substantive hearing and therefore three hearing days required – Authority found little additional effort or duplication required for substantive hearing – Found full examination of evidence required before outcome confirmed – Found full investigation could only occur through substantive investigation – Found respondent made written offer to applicant to accept $9,000 contribution to costs – Found highly probable applicant left country and unaware of offer - $9,000 contribution to costs appropriate |
| Result | Costs in favour of respondent ($9,000) |
| Main Category | Costs |
| Cases Cited | Chief Executive of the Department of Corrections v Tawhiwhirangi (No 2) [2008] ERNZ 73;PBO Ltd (formerly Rush Securities Ltd) v Da Cruz [2005] ERNZ 808;Whitten v Oglivy New Zealand Ltd unreported, M Ulrich, 21 June 2010, AA 200A/10 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_22.pdf [pdf 18 KB] |