Successful party in employment dispute misses out on costs...

The Employment Relations Authority rejected a personal grievance claim because it held the Plaintiff was not an employee.

The Respondent sought costs but failed to provide evidence of its actual costs incurred, despite an order from the ERA that it file that evidence.  The notional daily tariff for costs of $3,500 would only be appropriate if the actual costs were at least that amount.

The ERA held it could not award any costs because it did not know what the real costs were.  Therefore it could not decide on an appropriate figure for costs.

Alan Knowsley