| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 134 |
| Determination date | 06 April 2011 |
| Member | R A Monaghan |
| Representation | KAB Milne (in person) ; K Thompson |
| Location | Auckland |
| Parties | Milne v Air New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Two day investigation meeting - Respondent sought $10,000 contribution to costs based on notional daily rate of $5,000 - Respondent accepted common notional daily rate was $3,000 but submitted rate should be increased to take into account number of factors - Applicant opposed respondent’s request for order for costs - However, Authority found many of reasons applicant cited in support amounted to re-visiting of merits of case and remedies sought - Found those matters could be addressed on challenge to determination, but not in course of claim for costs - Found respondent entitled to contribution to costs - Found aspects of applicant’s conduct added unnecessarily to respondent’s costs - Found were extensive and unexplained delays by applicant which caused unnecessary expenditure of time in Authority - Found applicant made broad and sometimes shifting allegations - Found respondent required extra preparation time in order to deal with them - Found appropriate to increase notional daily rate - However, found respondent’s request for increase to $5,000 a little high - Authority adjusted notional daily rate upwards to $4,000 - Applicant to pay respondent $8,000 contribution to costs |
| Result | Costs in favour of respondent ($8,000) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_134.pdf [pdf 16 KB] |