| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 431 |
| Determination date | 04 October 2011 |
| Member | R Larmer |
| Representation | E Whalley (in person) ; R Shand |
| Location | Auckland |
| Parties | Whalley v Raynmac Holdings Ltd t/a Cars and More |
| Summary | COSTS - Unsuccessful personal grievance - Matter previously determined on papers - Respondent claimed although investigation meeting not held still incurred significant costs and sought full costs - Authority found inappropriate to award indemnity costs - Respondent claimed nature of applicant's claim unclear and additional information included further allegations - Found appropriate to award costs equivalent to one day investigation meeting due to extensive evidence filed by parties - Found appropriate to decrease daily tariff to reflect matter determined on papers - Found $2,500 award would do justice between parties - Applicant to pay respondent $2,500 contribution towards costs |
| Result | Costs in favour of respondent ($2,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl16 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Whalley v Raynmac Holdings Ltd Trading As Cars and More [2011] NZERA Auckland 297 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_431.pdf [pdf 13 KB] |