| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 402 |
| Determination date | 16 September 2011 |
| Member | R Larmer |
| Representation | J Parlane ; K Sullivan |
| Location | Auckland |
| Parties | King v Waste Tyre Solutions |
| Summary | COSTS – Unsuccessful arrears claim and personal grievance – Half day investigation meeting – Respondent sought $12,800 contribution to $19,394 total costs and $2,450 expenses – Authority found applicant’s second statement of problem was very lengthy and made wide ranging allegations which were not particularised and did not appear to relate to applicant’s claims – Found applicant ignored three requests from Authority to explain whether third statement of problem contained any new claims – Found respondent put to considerable unnecessary cost in dealing with applicant’s claims – Found applicant failed to comply with Authority’s direction to provide statement setting out evidence in support claims – Found applicant’s non-attendance at investigation meeting without explanation was particularly bad – Found respondent put to unnecessary cost due to applicant’s delays and failure to comply with directions – Found appropriate for notional tariff to be tripled – Found insufficient evidence to show expenses claimed were actually incurred by respondent – Applicant to pay $4,500 contribution to respondent’s costs – PENALTY – Respondent sought $10,000 penalty for applicant delaying or obstructing Authority’s investigation – Found inappropriate to award penalty because applicant had not been put on notice by respondent that penalty would be sought |
| Result | Costs in favour of respondent ($4,500) |
| Main Category | Costs |
| Statutes | ERA s134A |
| Cases Cited | Binnie v Pacific Health Ltd [2002] ERNZ 438;Carter Holt Harvey Ltd v Eastern Bays Independent Industrial Workers Union and Ors [2011] NZEmpC 13;Gates v Air New Zealand Ltd [2010] NZEmpC 26;King v Waste Tyre Solutions Ltd [2011] NZERA Auckland 369;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 80 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_402.pdf [pdf 16 KB] |