| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 64 |
| Determination date | 22 February 2012 |
| Member | E Robinson |
| Representation | D Neutze ; M O'Brien |
| Location | Auckland |
| Parties | Newick v Working In Ltd and Ors |
| Other Parties | Working In Visas Ltd (in liquidation), Mathieson, Roberts |
| Summary | COSTS – Successful arrears claim and unsuccessful grievance, jurisdiction, identity of employer, penalty claims – Two and half day investigation meeting – Respondent sought $25,339 (plus GST) contribution to $25,339 (excluding GST) total costs – Applicant claimed costs should lie where they fall as wholly successful in preliminary matter and partly successful in substantive claims – Applicant claimed in alternative costs should be awarded in accordance with usual daily rate with deduction made in respect of successful preliminary matter – Respondent made Calderbank offer – Applicant claimed Calderbank offer unclear and did not provide any vindication – Authority found applicant had reasonable amount of time to consider clear Calderbank offer and offer made before considerable preparation costs incurred – Found applicant’s failure to respond to Calderbank offer unreasonable – Found Calderbank offer should be given full weight – Found appropriate to make deduction from costs award for applicant’s success in preliminary matter – Applicant to pay $9,500 contribution to respondents’ costs |
| Result | Costs in favour of respondents ($9,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] 1 ERNZ 601;Calderbank v Calderbank [1976] Fam 93;Health Waikato Ltd v Elmsly [2004] ERNZ 172;Health Waikato Ltd v Van der Sluis [1997] 10 PRNZ 514;Jinkinson v Oceana Gold (NZ) Ltd [2011] NZEmpC 2;Newick v Working In Ltd and Ors [2011] NZERA Auckland 195;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear unreported, Colgan CJ, 24 November 2006, AC64/06 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_64.pdf [pdf 29 KB] |