| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 76 |
| Determination date | 29 February 2012 |
| Member | R Larmer |
| Representation | T K Williams ; T Rainey |
| Location | Auckland |
| Parties | Marsic v Body Corporate 198245 (The Ridge) |
| Summary | COSTS – Unsuccessful jurisdiction claim – Less than one day investigation meeting – Respondent sought $11,501 full indemnity costs – Respondent claimed applicant’s claim wholly without merit – Authority found applicant had not engaged in any behaviour which would warrant award of indemnity costs – Found appropriate to adopt usual tariff based approach to costs – Found respondent not entitled to award of costs for mediation – Found respondent failed to fully and properly explain administration fee claimed and therefore not entitled to disbursements – Respondent claimed applicant unreasonably rejected reasonable settlement offer – Found reasonable offer made sufficiently in advance of investigation meeting for applicant to have adequate time to consider offer – Found if applicant accepted offer, both parties would have been better off because would have avoided additional costs associated with attending investigation meeting and preparing submissions – Found appropriate to increase notional daily tariff to reflect applicant’s unreasonable refusal of settlement offer – Found respondent to bear responsibility for sending applicant misleading communications regarding work situation – Found respondent not entitled to contribution to costs for two days’ preparation time – Found $3,000 contribution to costs appropriate |
| Result | Costs in favour of respondent ($3,000) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westpac Banking Corp [2009] NZCA 234;Carter Holt Harvey v Eastern Bays Independent Industrial Workers Union & Ors [2011] NZEMPC 13;Marsic v Body Corporate 198245 (The Ridge) [2011] NZERA Auckland 522;PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_76.pdf [pdf 18 KB] |