they are going for costs what a surprise

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Simpson Grierson


10 May 2010 Partner Reference
John Rooney
Paul Evans-Mcleod Writer’s DetailS
Direct Dial: +64-9-9775070
17 Minnie Place Fax: +64-9-977 5083
Pukete Email john.rooney@sirnpsongrIerson.com
Te Rapa
Hamilton WITHOUT PREJUDICE




File No. 5294885 - Paul Evans-McLeord and Telecom New Zealand Limited, Bridgette Daizell, Michelle Young and Shaun Hoult


1. We refer to the determination of the Employment Relations Authonty (Authority) dated
26 April 2010. The Authority reserved costs and invited the parties to try and settle the matter of costs between them. We are therefore writing to outline the respondents’ proposal in respect of costs.

2. The Authority declined to grant the remedies sought by you. In these circumstances the respondents consider that they are entitled to a reasonable contribution towards their legal costs. If we cannot resolve the issue between the parties, we have been instructed to apply for a reasonable contribution towards those costs.

3. We note the Employment Court~s statement in Chief Executive of the Department of Coffections v Tawhiwhirangi (No 2) [2006] ERNZ 73 that the usual notional daily rate is $3,000 per hearing day in the Authority.

4. Although the hearing lasted less than half a day, the fact that your claim was clearly statute banned and therefore bound to fall and your approach to discovery have resulted in our client incurring far more costs than it should have done.
the discovery product was minimal and as addressed during the hearing incomplete they just keep doing as they please knowing that to fight them and hold them to account is an expensive exercise and they can keep behaving in a dishonest manner


5. Accordingly, and in an effort to resolve this matter without the need for the parties to file memoranda in the Authority, the respondent is prepared to accept the sum of $3,000 (including GST) as a reasonable contribution towards its costs

6. The Authority has directed that if costs cannot be resolved between the parties themselveS, the respondent is to file a memorandum on costs by 23 May 2010. We would therefore be grateful if you could please advise us by Thursday 13 May 2010 whether this offer is acceptable to you. If an agreement cannot be reached by this time, we will file a memorandum in the Authority seeking costs and disbursements over and above the amount sought in this letter.
Yours faithfully
SIMPSON GRIERSON




John Rooney
Partner



Current telecom participants
Bridgette Dalzell current head of outsourced customer care at telecom New Zealand whom is Michelle Young's direct report at time of incident
Michelle Young call center manager Hamilton call center, whom is Shaun Hoults direct report at time of incidents

Shaun Hoult team manager weekend team Sat-Tues Hamilton

Iain Galloway HR representative spends a lot of time in Hamilton