| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 50 |
| Determination date | 31 March 2011 |
| Member | D Asher |
| Representation | B Laracy ; S Palmer |
| Location | Wellington |
| Parties | Swaysland v Hautapu Motors Ltd |
| Summary | COSTS – Unsuccessful raising of personal grievance claim – Successful arrears of wages and penalty claims - ï¾½ day investigation meeting – Applicant sought contribution to fair and reasonable costs of $3,000 based on daily tariff or alternatively $2,000 – Applicant claimed amount based on respondent’s refusal to negotiate – Respondent claimed applicant had no arguable case – Respondent claimed applicant’s pursuit of personal grievance claim prevented agreement overall – Respondent claimed incurred unnecessary costs and submitted costs should lie where fall – Authority found applicant succeeded with significant portion of claim and no evidence respondent attempted to settle – Respondent to pay applicant $2,000 in costs |
| Result | Costs in favour of applicant ($2,000) |
| Main Category | Costs |
| Cases Cited | PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Wellington_50.pdf [pdf 11 KB] |