| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 172 |
| Determination date | 09 November 2011 |
| Member | M Ryan |
| Representation | B Paradza ; P McBride |
| Location | Wellington |
| Parties | Dayal v Seymour t/a Seymour Clean Schools |
| Summary | COSTS – Personal grievance resolved at mediation – Respondent sought costs and claimed applicant had incorrectly named respondent as employer – Applicant claimed respondent’s application for costs was unfair and also sought costs – Respondent claimed had never employed applicant, applicant well aware was employed by limited liability company and was no case to answer – Respondent claimed grievance between applicant and employer had been resolved but no resolution between applicant and respondent personally – Respondent claimed applicant named respondent personally unnecessarily and significantly increased costs – Respondent claimed applicant should not have provided Authority with parties’ record of settlement – Respondent sought full costs – Applicant claimed as had been employed by respondent personally previously uncertain how should cite employer – Applicant sought $1500 contribution towards costs – Authority confirmed had not given any weight to parties’ record of settlement – Authority found applicant’s error was misnomer and respondent must have been aware personal grievance not against respondent personally – Found error not prejudicial to respondent – Found award of costs against respondent not warranted – Found applicant had not provided evidence of costs incurred – No order for costs |
| Result | No order for costs |
| Main Category | Costs |
| Cases Cited | IHC New Zealand Inc v Scott unreported, Perkins J, 18 October, AC45A/06;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Registered Securities Ltd (In liquidation) v Jensen Davies & Co Ltd [1999] 2 NZLR 686 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_172.pdf [pdf 25 KB] |