In the Latest NZJIR - Archives:


RESEARCH REPORT: DETERMINATIONS OF THE EMPLOYMENT RELATIONS AUTHORITY

Volume 27  Number 3 October 2002


  Introduction
  The Authority and Tribunal caseloads
  The personal grievance profile
  Grievance outcomes
  Determinations and remdies: looking for explanations
  Factors associated with grievance outcomes
  Grievance remedies
  Reduction of remedies
Costs
  Summary conclusions


Costs

Finally, a note on costs. Table Twelve sets out the distribution of costs awards by party and institution in decisions and determinations where a positive cost award was made.

 

Table Twelve: Distribution (%) of costs awards by party and institution
  $1 - 500 $501 - 1000 $1001 - 2000 $2001 - 5000 >$5000
To employees
Tribunal
15%
32%
38%
14%
1%
Authority
38%
19%
18%
19%
6%
To employers
Tribunal
30%
25%
30%
13%
2%
Authority
22%
15%
35%
20%
8%

There have clearly been some changes in the distribution of costs awards in the Authority, relative to the Tribunal sample, but the changes are not uncomplicated. In costs awards to successful employee applicants, awards in what used to be regarded as the "usual" range, say $501 through $2,000 (70 percent of awards in the Tribunal sample) constitute less than 40 percent of awards in the Authority, with the rest pushed out to the lower and higher categories. There are as many awards of $500 or less to employees as there are awards in this $501 through $2,000 range, presumably reflecting in part the different procedures in the Authority, relative to Tribunal adjudication procedures.

On the other hand, low end awards to employers have in fact dropped proportionally in the Authority, relative to the Tribunal sample, with awards above $1,000 to successful employers accounting for 63 percent of awards in the Authority, as against just 45 percent in the Tribunal.

Next page >

  Introduction
  The Authority and Tribunal caseloads
  The personal grievance profile
  Grievance outcomes
  Determinations and remdies: looking for explanations
  Factors associated with grievance outcomes
  Grievance remedies
  Reduction of remedies
Costs
  Summary conclusions