| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 132 |
| Determination date | 04 August 2011 |
| Member | P R Stapp |
| Representation | K Edwards (in person) ; R Crotty |
| Location | Wellington |
| Parties | Edwards v Abode Air Conditioning Ltd |
| Summary | COSTS – Personal grievance claim – No investigation meeting – Applicant withdrew application before scheduled investigation meeting – Respondent sought $2,000 contribution to costs – Date of investigation meeting changed twice to accommodate both parties – Applicant’s representative withdrew from matter – Applicant withdrew claim after Authority notified by respondent that applicant left New Zealand, house was on market and companies in liquidation – Applicant claimed unable to pay costs because bankrupt and on benefit – Authority found no supporting documents provided by applicant – Found applicant had right to withdraw matter at any time – Found arrangements in place reasonably led respondent to believe applicant committed to claim – Found respondent put to some costs – Found withdrawal made in adequate time – Found applicant likely destitute or in serious financial difficulties – Found in absence of information to support applicant, applicant may be able to pay some time in future – Found costs not to penalise applicant – Found no breakdown of costs by respondent – Costs limited by agreement to deal with preliminary matter first and matter withdrawn before more costs incurred – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_132.pdf [pdf 14 KB] |