| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 201 |
| Determination date | 14 December 2011 |
| Member | P Cheyne |
| Representation | B Buckett ; S Menzies |
| Location | Christchurch |
| Parties | Moxon v Pathways Health Ltd t/a Pathways |
| Summary | COSTS – Successful personal grievance – Three day investigation meeting – Applicant sought full indemnification of pre-litigation costs – Respondent claimed applicant should not be regarded as successful party because failed on special damages issue to cover pre-litigation costs – Respondent claimed applicant successful in relation to certain issues but issues not really in contest – Authority found no acceptance of applicant’s personal grievance – Found applicant successful party – Found applicant’s lack of success on special damages issue factor to be weighed in assessing amount of costs – Respondent claimed contribution to costs on basis applicant rejected Calderbank offer – Found Authority did not have full correspondence conveying proposals – Respondent offered applicant $15,000 compensation plus removal of warning from file – Applicant rejected offer and recovered $9,000 from Authority – Found by time offer made, substantial preparation for investigation meeting already done – Found applicant did better than would have done by accepting Calderbank offer – Found Calderbank offer did not acknowledge personal grievance – Found considerable documentary evidence, important parts of which were disclosed late by both parties – Found neither party should benefit from additional time expended – Found reduction made for applicant’s lack of success on special damages issue – Found to recognise importance of matter to applicant, investigation meeting days extended by one to accommodate comprehensive written submissions provided and further day as additional allowance for preparation in light of considerable volume of documentation - $15,000 contribution to costs appropriate |
| Result | Costs in favour of applicant ($15,000) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Limited [2002] ERNZ 438;Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;Heap v Calibre Plastics Limited unreported, R Arthur, 25 Sept 2008, WA 95B/08;Jansen Limited v Tree [2011] NZEMPC 72;PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808;T & L Harvey Limited v Duncan [2010] NZEMPC 36 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Christchurch_201.pdf [pdf 27 KB] |