| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 194 |
| Determination date | 11 May 2011 |
| Member | R Larmer |
| Representation | D Flaws ; R Harrison |
| Location | Auckland |
| Parties | Barzegari v Little Turkish Cafe Ltd |
| Summary | COSTS – Successful wages arrears claim – Three day investigation meeting – Authority heard from 11 witnesses and two translators required – Extensive documentation provided, including documents not in English – Respondent put applicant to proof in every aspect of claim – Authority found despite knowing respondent had not fully complied with obligations in relation to wages and holiday pay, respondent did not take steps to remedy errors – Found respondent only made concessions at investigation meeting so applicant still had to provide evidence to prove and quantify claims – Found respondent entitled to put applicant to proof in every element of claim but unnecessarily increased costs – Found respondent failed to follow Authority’s instructions on calculating applicant’s relevant daily pay – Found respondent’s actions increased applicant’s costs – Applicant sought $9,200 actual costs plus $1,419 disbursements – Respondent claimed applicant effectively self-represented and no costs should be awarded – Found applicant assisted by advocate with preparation of evidence and documentation and advocate took active role as representative during investigation meeting and subsequent communications with Authority – Authority accepted costs claimed by applicant actually incurred – Found $9,200 costs appropriate – Found limited evidence provided of disbursements |
| Result | Costs in favour of applicant ($9,200) ; Disbursements in favour of applicant ($376.66) |
| Main Category | Costs |
| Statutes | Holidays Act 2003 s9(3) |
| Cases Cited | IR Thompson Associates Limited v Petro-Tech Services Limited unreported, P Cheyne, 20 June 2002, CA 61/02;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_194.pdf [pdf 17 KB] |