Employer slammed with $8600 costs order after trying to sue worker

An employer has been ordered to pay $8600 after unsuccessfully trying to claim costs against a former worker.

The Employment Relations Authority issued a costs determination following an earlier decision that found in favour of Luat Tran, awarding him wages and holiday entitlements from AQ Trading & Service Limited.

Both sides had failed to resolve the issue of costs between themselves and sought thousands of dollars from each other.

Tran argued he should be awarded a total of $10,000. This included $8600 based on the authority's daily tariff for a two-and-a-half-day hearing, a $900 uplift for time spent defending the company's unsuccessful counterclaims, and $500 for costs submissions.

Conversely, AQ Trading & Service Limited argued it should not have to pay anything to Tran. The company instead claimed it should be awarded costs based on a daily tariff calculation of $8500, with a $5000 uplift due to time spent on Tran's unsuccessful personal grievance claims, and another $5000 for costs submissions.