| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 26 |
| Determination date | 20 January 2011 |
| Member | R Arthur |
| Representation | L Keys, M Londahl ; K Thompson |
| Location | Auckland |
| Parties | O'Rourke v Air New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Two and a half day investigation meeting - Respondent sought costs award of between $9,000 and $10,500 based on investigation meeting spread over three days - Claimed higher than usual level of preparation required to deal with large volume of background documents, number of witnesses, and relatively complex range of issues - Claimed should be no issue as to applicant’s ability to meet costs award as applicant’s union would pay on his behalf - Applicant accepted costs follow the event but claimed $6,500 contribution reasonable and realistic as matter conducted efficiently - Claimed union did not have “open chequebook” and would be expected to make contribution to costs - Authority found tariff based approach appropriate in circumstances - Found daily rate of $3,000 appropriate starting point - Found increase in rate not required - However, found tariff to be taken to apply to three days rather than two and a half of actual hearing time to reflect additional telephone conferences, extended investigation meeting days, and additional preparation time for submissions allowed - Applicant to pay respondent $9,000 contribution to costs |
| Result | Costs in favour of respondent ($9,000) |
| Main Category | Costs |
| Cases Cited | O'Rourke v Air New Zealand Ltd unreported, R Arthur, 22 Nov 2010, AA 490/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | 2011_NZERA_Auckland_26.pdf [pdf 14 KB] |