Previous Section | Table of Contents | Next Section
Callen v Marie's Early Childhood Learning Centre Ltd
4 Jul 2007, K Raureti, AA 158A/07, (3 pages)
COSTS - Successful personal grievance - Partially successful arrears claim - Two day investigation meeting - Applicant's actual costs amounted to $5,684 plus unbilled time totalling $1,400 - Sought $3,500 as contribution to costs - Respondent submitted both parties partially successful - Indicated had no financial resources and neither herself nor company in position to negotiate costs - Argued would be unfair if costs awarded to applicant - No substantiating evidence provided to Authority of financial situation of respondent - Applicant was successful in personal grievance claim, therefore no reason to depart from rule that costs to follow to event - Respondent to pay contribution to costs
Result: Costs in favour of applicant ($2,500)
Field v AB Equipment Ltd
15 Dec 2006, P R Stapp, WA 178/06, (3 pages)
PRACTICE AND PROCEDURE - Quantum of remedies - Authority had reserved leave on calculation of lost benefit if parties could not agree on sum - Parties unable to resolve issue - Applicant sought respondent's contribution to superannuation scheme - Whether applicant could reasonably have expected to obtain benefit if personal grievance had not arisen - Payment of employer's contribution discretionary - Respondent's policy recommended payment to members who belonged to scheme for more than five years - Applicant dismissed after two years eight months - No evidence intended to leave employment or retire - More than likely applicant would have worked for some time if not dismissed - No reason to disregard submission respondent did not pay out other than under terms of scheme - Even if applicant remained for required time would only have prospect of qualifying and amount claimed would be speculative - Authority declined to award applicant employer contribution - COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution of $6,000 to total costs of $9,000, including $2,000 for second mediation directed by Authority - Claim reasonable except for inclusion of mediation costs - No good reason to depart from usual practice not to award costs for mediation
Result: Orders accordingly ; Costs in favour of applicant ($4,000) ; Disbursements ($430) ; ($70)(Filing fee)
Kernahan v Review Publishing Co Ltd
6 Jun 2007, L Robinson, AA 152A/07, (2 pages)
COSTS - Successful personal grievance - One and ½ day investigation meeting - Applicant sought costs of $2,250 - Total amount owed to Legal Services for legal aid was $3,250 - Respondent submitted costs to lie where they fall or a small award of $500 or $700 - Respondent argued Meeting time was just over half a day and applicant inappropriately questioned witness - Submitted no complex issues involved - Costs to follow event with reasonable contribution to costs for applicant
Result: Costs in favour of applicant ($2,000)
Main v Interior Developments Ltd
18 Jul 2007, K Raureti, AA 161A/07, (2 pages)
COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought $5,200 reasonable contribution to total costs of $6,550 - No submissions received from respondent - Relatively straightforward uncomplicated matter - Appropriate for costs to follow event - Respondent to pay contribution to costs
Result: Costs in favour of applicant ($1,500)
Rarere v Electrotech Controls Ltd
24 Jul 2007, G J Wood, WA 19A/07, (3 pages)
COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Applicant claimed full costs of $14,119, of which legal aid constituted $3,857 - Respondent submitted because applicant not successful with many of her claims, Respondent's costs of $7,729.85 should be met by applicant - Also claimed because substantive determination was being challenged costs should be held in abeyance - No reason to stay costs - Applicant entitled to contribution to costs for success in main claim, however, must be offset against her claim for costs for preliminary investigation into exceptional circumstances - Amount of investigation meeting time and preparation also taken into consideration on unsuccessful claims - Discount for mediation and preliminary investigation meeting costs needed - Appropriate sum $2,000 - Respondent to pay contribution to costs
Result: Costs in favour of applicant ($2,000)
Sajjad v Ticketek New Zealand Ltd
6 Aug 2007, L Robinson, AA 198A/07, (2 pages)
COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought full costs of $2,500 - Respondent argued applicant's claim frivolous - Respondent entitled to fair and reasonable contribution to costs - No reason to depart from conventional tariff - No submission lodged by applicant, therefore unable to have regard to his ability to pay - Award of $1,500 appropriate contribution to respondent's costs
Result: Costs in favour of respondent ($1,500)
Tatom v Duffield
16 May 2007, H Doyle, CA 55/07, (11 pages)
JURISDICTION - Whether employee or independent contractor - No written employment agreement - Parties did not put minds to nature of relationship - Authority unable to conclude common intention - Factors indicative of employment relationship outweighed factors indicative of independent contractor - Real nature of relationship employment - Employee - UNJUSTIFIED DISMISSAL - Applicant made statements to government department relating to respondent's partner, an employee of that department - Partner subsequently dismissed - Probable respondent knew of statements and likely would have been angry and raised them - Authority found respondent said words to effect of "X is fired so you're fired" - Fair and reasonable employer would have met or at least written to applicant and explained difficulties of continuing working together - Should have negotiated notice period - Instead, summarily dismissed and applicant's partner threatened - Unjustified dismissal - Remedies - Fact employment short, and applicant unlikely could have continued working, relevant to award of lost wages and compensation - ARREARS OF HOLIDAY PAY - No details of earnings provided - Leave reserved for applicant to return to Authority if wished holiday pay to be calculated - Counterclaim - Respondent counterclaimed against applicant for slander and defamation of character, and sought lost earnings and compensation - Argued statements about to government department false - Respondent seeking damages flowing from dismissal of his partner by her employer - Authority did not have jurisdiction - Counterclaim dismissed - COSTS - One ½ hour investigation meeting - Costs of $1,000 appropriate - Length of service two months - Hammer hand
Result: Application granted (Jurisdiction, unjustified dismissal) ; Reimbursement of lost wages ($2,720) ; Compensation for humiliation etc ($5,000) ; Counterclaim dismissed ; Costs in favour of applicant ($1,000)
Tauhore v Farmers Trading Company Ltd
16 Jul 2007, G J Wood, WA 84A/07, (2 pages)
COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Applicant submitted was on legal aid and any award of costs be limited to $50 contribution to Legal Services Agency - Respondent submitted entitled to costs after being put to unnecessary expense defending matter - Incurred costs of $9,000 plus disbursements and in normal course of events would be entitled to award of at least $1,500 - Authority agreed respondent would have received higher award had applicant not been legally aided, however, costs award can only be sum of contribution to Legal Services Agency
Result: Costs in favour of applicant ($50)
Previous Section | Table of Contents | Next Section
