Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2011] NZERA Auckland 428
Determination date 03 October 2011
Member R Arthur
Representation S Austin ; R Petterson
Location Auckland
Parties Drawbridge v Kiwi X Farmers Ltd
Summary COSTS - Successful personal grievance - One day investigation meeting - Applicant claimed $9,000 contribution to costs - Applicant claimed two days' preparation time should be taken into account when making costs award - Applicant claimed incurred in excess of 75 billable hours that did not include those that related to unsuccessful aspects of wage claim - Authority found no invoices provided - Respondent claimed $3,000 contribution to costs appropriate - Respondent claimed co-operated with referral of wage arrears issue to Labour Inspector and should not be liable for costs associated with preparation and additional time taken during investigation in unsuccessfully pursuing issue - Found applicant incurred additional costs associated with seeking and serving summonses - Found upward adjustment of notional daily rate appropriate - $3,500 contribution to costs appropriate
Result Costs in favour of applicant ($3,500) ; Disbursements in favour of applicant ($115.56)(Filing fee and travel expenses)
Main Category Costs
Cases Cited Chief Executive of the Department of Corrections v Tawhiwhirangi (No 2) [2008] ERNZ 73;PBO v Da Cruz [2005] ERNZ 808
Number of Pages 3
PDF File Link: 2011_NZERA_Auckland_428.pdf [pdf 13 KB]