| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 139 |
| Determination date | 19 September 2011 |
| Member | H Doyle |
| Representation | G Lloyd ; T Clarke |
| Location | Christchurch |
| Parties | NZ Amalgamated Engineering, Printing & Manufacturing Union Inc v Pike River Coal Ltd (in receivership) |
| Summary | COSTS – Dispute answered in favour of respondent – Matter dealt with on papers – Respondent claimed issue of payment in lieu of notice forming part of redundancy compensation only briefly raised with respondent at meeting – Authority found both parties had different view on issue of payment in lieu of notice forming part of redundancy compensation and view made quite clear to each other – Applicant claimed respondent did not understand and not told by applicant that formal proceedings would be brought – Respondent claimed no formal letter received from applicant before proceedings lodged – Respondent claimed dispute not typical due to ongoing relationship and claim was essentially money claim – Respondent claimed parties’ positions not finely balanced – Respondent claimed applicant’s claim without merit and applicant acted unreasonably by bringing proceedings – Respondent claimed applicant brought proceedings without prior notice – Respondent claimed put to considerable trouble and expense in defending application – Respondent claimed applicant stood to gain significant sum and should not be immune from costs award – Respondent sought $5,000 contribution to costs – Applicant claimed matter typical dispute and costs should lie where they fall – Applicant claimed criticism unfair – Found matter was dispute about interpretation of collective employment agreement – Found unlikely dispute could have been informally resolved even if letter forwarded to respondent before proceedings lodged – Found parties not put to expense of attending investigation meeting – Costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Statutes | Companies Act 1993 |
| Cases Cited | PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_139.pdf [pdf 20 KB] |