| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 110 |
| Determination date | 29 July 2011 |
| Member | J Crichton |
| Representation | C M Simons (in person) ; F McMillan |
| Location | Christchurch |
| Parties | Simons v Halswell Tavern & Retail Liquor Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $3,000 contribution to $10,356 total costs – Respondent claimed incurred further $10,000 costs in dealing with matter – Applicant claimed respondent had lawyer do significant amount of work when employer would normally deal with matter itself – Applicant claimed unable to find work since dismissed by respondent and ability to support dependent children would be damaged by costs award – Authority found applicant made number of pertinent observations in submissions – Found unjust to effectively penalise applicant’s young family by making costs award when it would be at very modest level in any event – Found respondent could reasonably point to difficulty in dealing with applicant throughout process and could rely on that as basis for increasing legal costs – Found respondent in better position to bear legal costs than applicant was to contribute to them – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808;South Tranz Ltd and Ors v Strait Freight Ltd unreported, Colgan CJ, Shaw and Couch JJ, 8 April 2008, CC 3/08 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Christchurch_110.pdf [pdf 13 KB] |