Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2011] NZERA Wellington 63
Determination date 26 April 2011
Member P R Stapp
Representation P Drummond ; M Richards
Location Wellington
Parties Field v Chief Executive of Department of Corrections
Summary COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $10,000 contribution to costs – Claimed contribution to costs should be higher than notional tariff due to complexity of case, preparation required, respondent resisted mediation and applicant’s limited means – Respondent claimed straightforward case, not unusual for submissions to be made after meeting and usual daily rate should apply – Respondent noted detailed employment problem, matters raised and length of submissions at applicant’s discretion - Authority found relatively complex matter that required extensive preparation – Noted respondent’s refusal to mediate, opposition to reinstatement and that applicant successful on substantive points – Found applicant’s approach to claim reasonable given nature of employment problem – Noted investigation meeting could easily have been longer than day – Found no reason to depart from usual notional tariff – Respondent to pay applicant contribution towards costs and filing fee
Result Costs in favour of applicant ($5,000) ; Disbursements in favour of applicant ($70)(filing fee)
Main Category Costs
Statutes ERA s103A
Number of Pages 5
PDF File Link: 2011_NZERA_Wellington_63.pdf [pdf 16 KB]