| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 433 |
| Determination date | 05 October 2011 |
| Member | R Arthur |
| Representation | P Blair ; D Hudson |
| Location | Auckland |
| Parties | Maoate v Allied Investments Ltd t/a Allied Security |
| Summary | COSTS – Unsuccessful personal grievance – One and a half day investigation meeting – Respondent sought full costs and claimed applicant’s union had pursued case with ulterior motive to increase membership – Alternatively respondent sought $8,000 contribution towards costs – Applicant claimed costs should lie where they fall or contribution towards costs should be no higher than $500 – Applicant claimed union significantly influenced applicant’s conduct and therefore costs award should not be punitive – Authority found indemnity costs not appropriate as applicant entitled to pursue rights with only usual risk of costs if unsuccessful – Found appropriate to increase daily tariff due to long investigation day and legal issue raised late - Applicant to pay respondent $5,000 contribution towards costs |
| Result | Costs in favour of applicant ($5,000) |
| Main Category | Costs |
| Cases Cited | Maoate v Allied Investments Ltd T/A Allied Security unreported, Y Oldfield, 18 June 2010, AA 289/10;Maoate v Allied Investments Ltd [2011] NZERA Auckland 368;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_433.pdf [pdf 14 KB] |