| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 4 |
| Determination date | 16 January 2012 |
| Member | G J Wood |
| Representation | V Eades ; P Churchman |
| Location | Wellington |
| Parties | van den Ende v The Vintage Aviator Ltd |
| Summary | COSTS – Partially successful personal grievance – Length of investigation meeting not specified – Respondent sought contribution to $37,000 total costs – Respondent made Calderbank offer – Respondent claimed had to defend reinstatement claim which was abandoned at investigation meeting plus misplaced claims for loss of remuneration and exemplary damages – Respondent claimed should have been informed before investigation meeting that claims no longer in issue – Applicant claimed costs should lie where they fall – Applicant claimed costs sought by respondent disproportionate to normal level of costs awards – Applicant claimed case uncomplicated and not frivolous – Applicant claimed respondent brought new information to investigation meeting and only withdrew reinstatement claim after reading respondent’s evidence opposing it – Authority found applicant failed to accept Calderbank offer which would have made applicant monetarily better off and reduced costs both parties incurred – Found given applicant’s failure to accept Calderbank offer appropriate to double daily tariff – Applicant to pay $6,000 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($6,000) |
| Main Category | Costs |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Wellington_4.pdf [pdf 12 KB] |