| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 553 |
| Determination date | 22 December 2011 |
| Member | R Arthur |
| Representation | M McFadden ; S Wicks, J Wicks |
| Location | Auckland |
| Parties | Cornish v Everlast Construction Ltd |
| Summary | COSTS – Partially successful personal grievance – Less than one day investigation meeting - Applicant sought $1,518 contribution towards costs – Respondent declined applicant’s previous offer that costs be settled at $1,000 – Respondent claimed $1,000 too high as applicant’s claim that redundancy not genuine unsuccessful and applicant rejected respondent’s settlement offer – Applicant claimed respondent did not make settlement offer – Authority found settlement offer not “without prejudice” and could not be taken into account when determining costs – Respondent to pay applicant $1,200 contribution towards costs |
| Result | Costs in favour of applicant ($1,200) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Cornish v Everlast Construction Ltd [2011] NZERA Auckland 505;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_553.pdf [pdf 12 KB] |