| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 34 |
| Determination date | 23 January 2012 |
| Member | R A Monaghan |
| Representation | M O'Neill v A Russell |
| Location | Auckland |
| Parties | Greenbaum v Waikato District Health Board |
| Summary | COSTS – Partially successful compliance order application and unsuccessful penalty claim – Half day investigation meeting – Applicant sought $3,000 contribution to $9,000 total costs – Applicant claimed entitled to costs as successful in part – Respondent sought $7,128 contribution to $10,800 total costs – Respondent made Calderbank offer – Applicant claimed Calderbank offer not relevant as awarded more than offer – Authority found applicant should have known what reimbursable expenses had incurred as at date of termination and amount less reimbursable expenses was less than offer – Found, however, that offer dependent on production of invoices and in absence of invoices arguably nil offer – Found Calderbank offer of little weight – Respondent claimed applicant’s claims imprecise – Found applicant amended claims numerous times and withdrew many of them – Found applicant provided little support beyond mere disagreement in relation to challenge of respondent’s calculation of payments – Respondent claimed applicant adopted unnecessarily litigious approach – Found matter capable of resolution by discussion between parties and instead subject of premature entry into litigation – Found applicant successful to such modest extent overall that not appropriate to make costs award in applicant’s favour – Found respondent successful party and entitled to costs – Found applicant’s conduct added unnecessarily to parties’ costs and warranted upwards adjustment of notional daily rate – Applicant to pay respondent $4,500 contribution towards costs |
| Result | Costs in favour of respondent ($4,500) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_34.pdf [pdf 25 KB] |