| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 193 |
| Determination date | 02 December 2011 |
| Member | J Crichton |
| Representation | G Lloyd ; K Smith |
| Location | Christchurch |
| Parties | Wills and Ors v Alliance Group Ltd |
| Summary | COSTS – Unsuccessful personal grievances – Less than one day investigation meeting – Respondent sought $15,000 contribution to $31,000 total costs – Respondent claimed $5,000 daily tariff should be applied for three days, one of which was investigation meeting and two for preparation of evidence and submissions – Respondent sought $348 travel costs – Applicants claimed costs figure entirely unrealistic – Applicants claimed respondent acted in bad faith during course of proceedings – Applicants claimed respondent over-engineered response to simple matter – Respondent claimed 83 personal grievances raised fundamental issues about right to manage which, if Union had been successful, would have resulted in dramatic change in way respondent managed business and dealt with thousands of employees – Respondent claimed daily tariff rate was starting rather than finish point – Authority found matter not straightforward – Found costs incurred by respondent reasonable – Found appropriate to consider matter in entirety and one third contribution to costs appropriate – Found approach consistence with principle in Authority in more complex cases and in civil litigation law generally - $10,000 contribution to costs appropriate on joint and several basis |
| Result | Costs in favour of respondent ($10,000) |
| Main Category | Costs |
| Cases Cited | Graham v Airways Corporation of New Zealand unreported, A Dumbleton, 11 April 2003, AA 99/03;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_193.pdf [pdf 19 KB] |