| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 161 |
| Determination date | 20 April 2011 |
| Member | Y S Oldfield |
| Representation | D Flaws ; G White |
| Location | Auckland |
| Parties | Kerai v Stevenson Engineering Ltd |
| Summary | COSTS – Successful personal grievance – Length of investigation meeting not specified - Applicant sought $4,000 contribution to costs and $628 in disbursements – Applicant claimed respondent unnecessarily prolonged proceeding and respondent’s evidence requirements excessive – Applicant claimed excessive evidence further complicated complex matters – Alternatively, applicant claimed if tariff rate adopted daily rate should be $3,500 in consideration of all circumstances – Respondent claimed applicant’s conduct protracted proceedings and respondent incurred significant preparation costs – Claimed applicant did not incur significant costs as advocate not lawyer - Respondent noted remedies in substantive hearing were reduced for contributory conduct – Submitted applicant’s counsel incurred unnecessary travel expenses – Authority did not accept respondent increased cost or complexity of case – Found no reason to depart from tariff based approach taking into account that additional material lodged after meeting – Found $3,000 award to be appropriate given all circumstances |
| Result | Costs in favour of applicant ($3,000) |
| Main Category | Costs |
| Cases Cited | Kerai v Stevenson Engineering Ltd [2011] NZERA Auckland 101 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_161.pdf [pdf 11 KB] |