| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 31 |
| Determination date | 20 January 2012 |
| Member | D King |
| Location | Auckland |
| Parties | French v Flavorjen Ltd |
| Summary | COSTS – Successful personal grievance – Length of investigation meeting not specified – Applicant sought $4,169 contribution towards costs – Respondent claimed should not pay costs as applicant not legally represented – Respondent claimed if applicant had accepted respondent’s Calderbank offer applicant would have received about same amount as awarded by Authority – Applicant claimed Calderbank offer only open for one day so had insufficient time to seek advice and terms unclear – Authority found Calderbank offer’s consideration period too short and applicant could not have been expected to fully understand its meaning – Found not appropriate to take Calderbank offer into account - Found fair and reasonable that respondent made contribution towards applicant’s expenses – Respondent to pay applicant $3,000 contribution towards costs |
| Result | Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($105)(photocopying charges and filing fee) |
| Main Category | Costs |
| Cases Cited | Murphy & Routhan (t/a Enzo’s Pizza) v van Beek [1998] 2 ERNZ 607;Ogilvy & Mather (New Zealand) Ltd v Darroch [1993] 2 ERNZ 943 |
| Number of Pages | 2 |
| PDF File Link: | 2012_NZERA_Auckland_31.pdf [pdf 10 KB] |