Previous Section | Table of Contents | Next Section
Afuie v Fyran Marine Ltd
13 Dec 2007, Y Oldfield, AA 300A/07, (4 pages)
COSTS - Unsuccessful personal grievance - 2½ day investigation meeting - Respondent sought contribution at higher end of scale to total costs of $10,284 - Submitted holiday pay claim raised during investigation meeting caused additional expense and extended length of investigation as well as applicant's representatives lack of co-operation - Applicant argued respondents costs high and investigation meeting could have been avoided if respondent resolved problem at mediation - Also argued unable to meet costs award - Authority took into account respondent's costs high through no fault of their own - Late notice of arrears claim and requirement for Authority to respond to applicant's refusal to advise if legally aided extended investigation meeting unnecessarily - Balanced against applicant's ability to pay - Respondent entitled to contribution to costs
Result: Costs in favour of respondent ($3,000)
Bolton v The Rathbone Clinic Ltd
13 Dec 2007, Y Oldfield, AA 275A/07, (3 pages)
COSTS - Unsuccessful jurisdiction case - One day investigation meeting - Respondent sought contribution to total costs of $12,376 - Applicant submitted costs should lie where they fall or any costs awarded should be modest - Straightforward case - Respondent entitled to reasonable contribution to costs
Result: Costs in favour to respondent ($2,000)
Bradshaw v James Pascoe Ltd
14 Dec 2007, V Campbell, AA 226A/07, (2 pages)
COSTS - Unsuccessful dispute - Less than one day investigation meeting - Respondent incurred costs of $2,867 plus disbursements and sought contribution to those costs - Costs considered reasonable in circumstances - Respondent entitled to contribution to costs
Result: Costs in favour of applicant ($1,000)
Flynn v Classic Cuts Ltd t/a The Bacon Barn
11 Dec 2007, D King, AA 169A/07, (2 pages)
COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought full costs of $5,242 - Applicant claimed poor financial position, however no supporting evidence provided - Not a complex matter therefore no reason for full costs - Respondent entitled to reasonable contribution to costs
Result: Costs in favour of respondent ($3,000)
Green and Ors v Rendezvous Hotels (NZ) Ltd
10 Dec 2007, M Urlich, AA 235A/07, (4 pages)
COSTS - Successful personal grievance - 2½ day investigation meeting - Four applicants sought costs - First applicant's total costs were $10,026 plus disbursements and sought full indemnity costs - Applicant argued settlement offer rejected by respondent should be considered when awarding costs - Daily tariff approach not appropriate given settlement offer by first applicant - Respondent ordered to pay first applicant $8,270 in costs - Other applicants' costs totalled $70,000 and sought contribution of $15,000 each plus full disbursements of $1,652 - Respondent argued costs excessive as they tried to settle matter - Settlement offer by respondent came after significant costs incurred by applicants' given no weight - Daily tariff approach appropriate for other applicants - Contribution to costs awarded to applicants' of $7,000 each plus disbursements of $500
Result: Costs in favour of applicants' ($8,000 - First applicant), ($7,000 - each to remaining three applicants'); Disbursements ($720)
Hand v Hayson
13 Aug 2007, Y Oldfield, AA 243/07, (4 pages)
UNJUSTIFIED DISMISSAL - Constructive dismissal - No appearance by respondent - Claimed threatened and assaulted by supervisor while at work - Told respondent he would no longer work with supervisor - Respondent considered might have another role but applicant declined it as not full time - Paid final wages and left - Conduct of supervisor amounted to serious breach of respondent's obligations to provide safe workplace - Once aware of assault respondent obliged to take steps to ensure no further risk to applicant - Failure to do so meant applicant constructively dismissed - Remedies - Applicant young and relatively new to work force - Entitled to substantial award of compensation - Given labour shortage, Authority not satisfied applicant made real effort to mitigate loss - No award of lost earnings - COSTS - Less than one day investigation meeting - Applying tariff approach $500 contribution appropriate - Cleaner
Result: Application granted ; Compensation for humiliation etc ($10,000) ; Costs in favour of applicant ($500)
Houston v Oldco PTI Ltd
10 Dec 2007, M Urlich, AA 184A/07, (3 pages)
COSTS - Successful personal grievance, dispute arrears claim - Three day investigation meeting - Applicant sought contribution of $9,270 to actual to costs of $11,898 - Argued costs were reasonably and necessarily incurred and respondent unreasonable and raised irrelevant issues - Respondent submitted costs should lie where they fall as no longer trading with no funds, case unusual and applicant culpable for respondent's collapse - Applicant entitled to costs as successful party as no findings as to culpability made - Applicant awarded reasonable contribution to costs of $8,000
Result: Costs in favour of applicant ($8,000); Disbursements ($270)
Kora v Weymouth Intermediate School
30 Nov 2007, A Dumbleton, AA 376/07, (3 pages)
COSTS - Unsuccessful personal grievance - Investigation meeting cancelled - Case withdrawn by applicant one day prior to investigation meeting without good reason - Respondent sought contribution of $8,000 to total costs of $20,000 - Applicant pursued claim up until last minute even though aware respondent had witness evidence that was detrimental to her case - Respondent entitled to award of costs - Costs not assessed as if applicant had lost at investigation meeting
Result: Costs in favour of respondent ($5,000)
McMillen v Pilate Plus Ltd
20 Dec 2007, P Cheyne, CA 109A/07, (2 pages)
COSTS - Successful personal grievance - Unsuccessful counterclaim - Length of investigation meeting not specified - Applicant sought contribution to costs - Applicant submitted costs estimate of $6,000 for 18 hours, which Authority found high - Respondent is principal, drew very small salary from business and ran at a loss with no other source of income - Financial means justified departure from daily tariff approach - Respondent offered realistic $1,000 lump sum contribution to applicant's costs - Respondent to pay applicant $1,000 as contribution to costs
Result: Costs in favour of applicant ($1,000)
Seaso v New Zealand Post Ltd
13 Dec 2007, PR Stapp, WA 13A/07, (3 pages)
COSTS - Successful dispute in favour of applicant - Half day investigation meeting - Applicant sought contribution of $3,200 to total costs of $4,700 - Respondent submitted no costs should be awarded as case involved dispute - Authority found employment relationship problem entirely avoidable and fair and reasonable employer would have dealt with issues without need for investigation meeting by Authority - Costs to follow event - Genuine issue about consultation answered - Entirely reasonable for applicant to obtain legal representation - Applicant entitled to reasonable contribution to costs
Result: Costs in favour of applicant ($2,633); Disbursements ($33.75); ($70) Filing fee
Siita & Anor v Jett Jett Ltd t/a Rakino
23 Oct 2007, M Urlich, AA 333/07, (2 pages)
PRACTICE AND PROCEDURE - No appearance by applicants - When Authority contacted applicants' representative he sought adjournment as unable to attend - Claimed made other commitments as believed investigation meeting already adjourned - No reasonable basis for belief - Application for adjournment declined - Substantive application dismissed - COSTS - Respondent sought contribution to costs - Appropriate to award $200 costs, applicants to pay $100 each
Result: Orders accordingly ; Costs in favour of respondent ($200)
Taylor v AFU Finance Ltd
18 Dec 2007, J Crichton, CA 114A/07, (3 pages)
COSTS - Successful personal grievance - Half day investigation meeting - Applicants costs were $4,330 - Submitted limited means and child to support - Argued significant contribution to costs should be made by respondent - Respondent submitted matter unusual and costs should lie where they fall, or award modest costs of $800-$1,000 - Authority did not accept respondent's argument matter unique, or that award made was at top end of scale - Costs should follow event - Applicant entitled to contribution to costs - Tariff approach appropriate
Result: Costs in favour of applicant ($1,350)
Wade v Hume Pack N Cool Ltd
17 Dec 2007, V Campbell, AA 322A/07, (2 pages)
COSTS - Unsuccessful compliance application - Length of investigation meeting not specified - Nothing in case to derogate from principle costs follow event - Respondent sought contribution to costs of $1,500 - Amount sought appropriate
Result: Costs in favour of respondent ($1,500)
Waipouri v Rightside Properties Ltd
28 Nov 2007, L Robinson, AA 268A/07, (2 pages)
COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant sought contribution to costs - Applicant submitted invoice for costs totalling $5,204 which Authority found excessive for 45 minute investigation meeting - Decision regarding costs difficult due to complete lack of assistance given to Authority and unreasonableness of costs claim - Appropriate in circumstances to follow tariff based approach - Applicant entitled to contribution to costs
Result: Costs in favour of applicant ($750)
Williams v Camira Furniture Ltd
13 Dec 2007, Y Oldfield, AA 269A/07, (3 pages)
COSTS - Partially successful personal grievance, successful cross counterclaim - Length of investigation meeting not specified - Respondent sought costs as applicant only partially successful in claim - Total costs were $5,761 - Applicant submitted costs should lie where they fall as there were no winners - Both parties successful in recovering modest sums and both incurred moderate costs - Costs to lie where they fall
Result: Costs to lie where they fall
Williams v Napier Motors ltd t/a Dunedin City Ford
20 Dec 2007, J Crichton, CA 106A/07, (5 pages)
COSTS - Successful personal grievance - Three day investigation meeting - Applicant sought significant contribution to costs of $14,557 plus disbursements - Argued significant contribution needed in order for applicant to enjoy fruits of victory - Submitted $20,000 settlement offer rejected by respondent - Length of investigation meeting extended by respondent adding new witnesses to list - Respondent denied it behaved improperly and referred to significant number of claims applicant made, of which only two successful - If investigation meeting had only focused on those two claims investigation meeting would have been less than one day - Respondent alleged had to defend itself from raft of claims that were unsustainable and number of witnesses they produced was response to variety and extent of applicant's allegations - Authority found neither party blameless in case - Applicant entitled to contribution to costs
Result: Costs in favour of applicant ($5,500)
Wynne v The Order of St John Midland Regional Trust Board
3 Jul 2007, R A Monaghan, AA 200/07, (4 pages)
RAISING PERSONAL GRIEVANCE - COSTS – Applicant had sought urgent determination from Authority – Application very specific and apparently aimed to secure applicant’s attendance at work-related social function while on suspension – During conference call applicant advised no longer sought orders in respect of attendance at function – Authority treated matter as withdrawn and call abandoned – Authority subsequently received letter of withdrawal purporting to withdraw urgent order but leaving general grievance before Authority – Statement of problem and accompanying letter not adequate to alert Authority and respondent to raising of wider grievance in relation to suspension – Withdrawal of urgent application meant nothing before Authority - Circumstances caused considerable waste of time for both respondent and Authority – Respondent entitled to award of costs – Sought indemnity costs of $2,322 – Authority accepted costs avoidable – However, applicant had subsequently been dismissed and planned to raise personal grievance – Significant outstanding matters between parties – Appropriate for costs to remain reserved pending final resolution of matter
Result: Orders accordingly ; Costs reserved
Previous Section | Table of Contents | Next Section
