| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 85 |
| Determination date | 07 March 2011 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Yu v Golden World (NZ) Ltd |
| Summary | COSTS - Successful personal grievance - Successful arrears of holiday pay claim - Successful penalty claim - Less than one and a half day investigation meeting - Applicant sought award of full costs - Respondent did not directly address applicant’s costs submission - Respondent made complaints about Authority’s investigation, Authority’s determination and Authority itself - Authority found were appropriate procedures for addressing complaints of that nature - Found were not matters relevant in considering costs application - Found costs normally awarded in Authority on reasonable contribution basis - Found no reason to depart from that approach in present case by awarding full costs as sought - Found while required to establish facts in dispute matter not legally complex - Found daily tariff of $2,750 justified - Found applicant needlessly put to expense of responding to unmeritorious application for security of costs - Respondent to pay applicant $4,000 contribution to costs and disbursements |
| Result | Costs in favour of applicant ($4,000) |
| Main Category | Costs |
| Statutes | ERA s63;ERA s63A(2)(a);ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Yu v Golden World (NZ) Ltd unreported, A Dumbleton, 29 Nov 2010, AA 495/10 |
| Number of Pages | 2 |
| PDF File Link: | 2011_NZERA_Auckland_85.pdf [pdf 15 KB] |