| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 40 |
| Determination date | 22 March 2011 |
| Member | P Cheyne |
| Representation | M Shahadat ; L Ryder |
| Location | Christchurch |
| Parties | Faitaua v Armourguard Security Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Half a day investigation meeting - Respondent claimed applicant’s case so unmeritorious usual daily tariff should be increased – Applicant claimed genuinely believed had been dismissed – Authority found just because applicant’s view rejected did not mean case so lacking in merit daily tariff should be increased – Found in circumstances of case increasing daily tariff would amount to punishment or expression of disapproval of applicant’s conduct – Found appropriate to deal with matter as one where respondent entitled to costs assessed on daily tariff basis - Respondent claimed informed applicant after exchange of statements but before investigation meeting that claim lacked merit and risked award of costs against her – Claimed also attended mediation despite believing applicant’s claims lacked merit – Authority found respondent acted properly by taking steps did but did not justify increasing level of costs – Respondent claimed despite investigation meeting taking only half a day incurred most of costs of full day meeting - Authority found appropriate to treat matter as if took full day for investigation meeting - Applicant claimed had limited financial resources and would suffer financial hardship if costs awarded against her – Authority found as no evidence provided could not take applicant’s financial position into consideration - Applicant to pay respondent $3,000 contribution to costs |
| Result | Costs in favour of respondent ($3,000) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;The Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Christchurch_40.pdf [pdf 16 KB] |