| Summary |
COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $7,500 contribution to $11,730 total costs plus disbursements and $500 for preparing costs memorandum – Applicant sought uplift of Authority’s typical daily tariff due to without prejudice offers to settle matter prior to investigation meeting, adjournments and delays in mediation and investigation sought by respondent, applicant’s success in establishing personal grievance, and extra work required on issue of wages deducted to offset insurance excess paid by respondent in relation to applicant’s company vehicle – Respondent sought costs to lie where they fall or less than $2,000 costs award to applicant – Respondent claimed applicant unsuccessful in time-consuming argument on whether there were genuine business reasons justifying decision to make position redundant, investigation meeting straightforward and completed within one day, respondent denied receiving without prejudice offer to settle, delays in investigation meeting were for good reasons, and some of applicant’s costs related to mediation – In exercising discretion to award costs, Authority excluded fees relating to mediation and paid to applicant’s solicitor rather than barrister who later represented applicant – Found costs reasonably incurred – Found applicant’s success not diminished by failure of claim redundancy not for genuine business reasons – Found award should not be increased in recognition of applicant’s without prejudice offer to settle matter – Found respondent unnecessarily increased costs by insisting entitled to deduct wages for insurance excess – Found applicant incurred additional costs as result of respondent requesting to delay investigation meeting – Found request legitimate but respondent should bear additional costs not applicant – $5,000 contribution to costs reasonable plus additional $300 contribution to costs to lodge costs memorandum |