| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 144 |
| Determination date | 08 March 2011 |
| Member | E Robinson |
| Representation | D Grindle ; S McKechnie |
| Location | Auckland |
| Parties | Lamb v The Commissioner of the Police |
| Summary | COSTS – Unsuccessful personal grievance – Two day investigation meeting – Respondent claimed $15,000 contribution to $46,507 total costs plus disbursements – Respondent claimed matter conducted on urgent basis at applicant’s request – Respondent claimed matter complex – Respondent claimed applicant required disclosure of extensive number of documents on urgent basis on grounds of potential challenge, yet no formal challenge occurred – Respondent claimed significant number of witnesses – Respondent claimed additional matters raised by applicant during investigation meeting required considerable further work – Applicant claimed unique circumstances surrounded dismissal and costs should lie where they fall – Applicant claimed no Calderbank letter issued and respondent failed to advise applicant would seek costs – Applicant claimed matter not dealt with on urgent basis by Authority – Applicant claimed of limited means, not in receipt of regular income and was unable to pay costs award – Authority found applicant faced significant financial difficulty – Found considerable emotional impact on applicant following dismissal – Found inappropriate to impose hardship on unsuccessful party - $2,000 contribution to costs appropriate |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_144.pdf [pdf 17 KB] |