| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 180 |
| Determination date | 05 May 2011 |
| Member | K J Anderson |
| Representation | M Whitehead ; J Douglas |
| Location | Auckland |
| Parties | Kennedy v Brambles New Zealand Ltd t/a Recall New Zealand |
| Summary | COSTS – Partially successful personal grievance – Half day investigation meeting – Respondent sought $2,000 contribution to $6,216 total costs – Applicant claimed costs should lie where they fall – Authority found respondent largely successful in defending applicant’s claims but had respondent taken more realistic position in regard to initial duration of warning, litigation may not have occurred – Found applicant substantially at fault as actions warranted warning being issued and continued to pursue matter when respondent modified warning – Found matter exercise in futility for both parties – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | Kennedy v Brambles New Zealand Limited t/a Recall New Zealand [2011] NZERA Auckland 87;PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_180.pdf [pdf 12 KB] |