| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 349 |
| Determination date | 05 August 2011 |
| Member | R A Monaghan |
| Representation | M Moncur ; A du Plessis |
| Location | Auckland |
| Parties | Agreiter v Gino Ltd |
| Summary | COSTS – Successful personal grievance and arrears claim – Less than one day investigation meeting – Applicant sought $3,500 contribution to costs – Respondent claimed applicant not successful in all claims – Respondent claimed applicant not entitled to contribution to costs – Respondent claimed contribution to $8,452 total costs – Authority found no grounds for order for costs in favour of respondent – Found respondent fortunate did not face claims for full costs by applicant – Found respondent’s advocate instructed at late stage and respondent previously unresponsive – Found applicant not obliged to approach labour inspector to resolve holiday pay claims – Found other claims not frivolous or vexatious – Found claim for penalties unsuccessful – Found applicant entitled to seek penalties – Found applicant had degree of success and entitled to contribution to cost – Found respondent’s conduct likely to have increased applicant’s costs unnecessarily – $1,750 contribution to costs appropriate |
| Result | Costs in favour of applicant ($1,750) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Costs |
| Cases Cited | PBO Limited (formerly Rush Security Limited) v da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_349.pdf [pdf 14 KB] |