Costs - Employment Relations Act 2000
Anderson v Resolution Audio Visual Consultants Ltd
15 Apr 2008, R A Monaghan, AA 53A/08, (2 pages)
COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution to costs plus disbursements - Respondent's time taken up unnecessarily by voluminous reference material used to present misconceived argument - Respondent's costs were $7,525 which were reasonably incurred - Authority - not in position to take respondent's claim that applicant attended mediation in bad faith any further - Respondent entitled to contribution to costs of $4,000 - No order in respect of disbursements
Result: Costs in favour of respondent ($4,000)
Brodie v Opotiki Packaging and Coolstores Ltd
31 Mar 2008, R A Monaghan, AA 47A/08, (2 pages)
COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought $2,000 as contribution to costs - Authority confirmed remedies awarded in substantive determination and made further order for payment of interest - Respondent to make contribution to applicant's costs
Result: Costs in favour of applicant ($2,000)
Coffey v The Christchurch Press, a division of Fairfax New Zealand Ltd
1 Apr 2008, H Doyle, CA 32/08, (4 pages)
COSTS - Unsuccessful personal grievance - One day investigation meeting - Respondent sought contribution to costs of $6,769 - Submitted costs accumulated were neither unnecessary or unreasonable as was required to provide detailed evidence, comprehensive submissions and additional submissions after investigation meeting - Applicant submitted no issues with quantum of respondent's costs, only issue was what would be reasonable contribution to costs - Submitted contribution of $2,000 to costs appropriate - Costs to follow event - Respondent entitled to fair contribution to costs of $2,500
Result: Costs in favour of respondent ($2,500)
Fanto v Pacific Flight Catering Ltd
15 Apr 2008, R A Monaghan, AA 95A/08, (2 pages)
COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent submitted costs figure of $7,000, comprising of $5,400 for legal costs, $1,100 for witnesses costs and $500 lawyers fees - Legal advice obtained by respondent prior to legal action by applicant cannot be addressed in costs - Accordingly no order for contribution to legal costs - No order for reimbursement of costs for attendance of witnesses as costs concerned provision of cover as result of certain witnesses unavailability for work - Respondent entitled to $500 contribution to costs
Result: Costs in favour of respondent ($500)
Rippon v Norsand Ltd
31 Mar 2008, Y S Oldfield, AA 120/08, (2 pages)
COSTS - Partially successful personal grievance - One day investigation meeting - Applicant's actual costs were $5,260 and sought contribution to costs of $3,000 as investigation meeting was unnecessarily extended by respondent's late provision of Minutes - Respondent argued applicant only partially successful and investigation was extended by unsuccessful claims - Submitted costs of $4,558 incurred and that costs should lie where they fall - Authority found applicant had withdrawn claim for lost earnings early on which saved time but found respondent tabled document part way through proceedings causing delays - Applicant therefore entitled to fair and reasonable contribution to costs
Result: Costs in favour of applicant ($2,000)
Smith & Anor v Career Engineer Ltd
14 Apr 2008, R A Monaghan, AA 1B/08, (3 pages)
COSTS - Supplementary costs decision - Previous costs award in favour of respondent for $750 - Applicant submitted did not receive opportunity to respond to respondent's costs claims for breach of contract and penalties - Authority accepted timetable set in substantive determination not clear in its application - Applicant invited to file response and advised would reconsider order for costs - Took into account all submissions filed by both parties regarding costs - No reason to visit result of dispute on either party in costs relating to substantive determination - Respondent was marginally more successful party and costs reflected that - No additional relevant factual information provided by applicant for this submission - No variation to original costs order
Result: Application dismissed ; No order for costs
Stein v Garrard's (NZ) Ltd
10 Apr 2008, R A Monaghan, AA 94A/08, (2 pages)
COSTS - Successful personal grievance - Less than half day investigation meeting - Applicant sought full costs of $8,000 due to 'belligerent' approach of respondent in the resolution of matter - Submitted respondent failed to make final payments which applicant entitled to, with it's position that payments would be made if applicant did not pursue grievance - Respondent argued full costs would be inappropriate as investigation meeting less than half a day - Applicant, as successful party entitled to contribution to costs
Result: Costs in favour of applicant ($3,500)
