| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 20 |
| Determination date | 27 February 2012 |
| Member | M B Loftus |
| Representation | D McLeod ; R Harrison |
| Location | Wellington |
| Parties | McLeod v National Hearing Care (New Zealand) Ltd |
| Summary | COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought $10,000 contribution to $15,387 total costs – Respondent claimed applicant’s focus on reinstatement greatly increased costs as meant respondent had no choice but to actively defend matter – Respondent claimed applicant rejected cheaper alternatives such as mediation – Respondent claimed applicant rejected Calderbank offer with much larger counter proposal – Applicant claimed costs should lie where they fall – Applicant claimed should not be penalised for claim brought in good faith – Applicant claimed partly successful – Applicant claimed respondent initially refused to mediate – Applicant claimed of limited means and could not afford significant award – Authority found Calderbank offer made relatively late in proceedings and bulk of costs had already been incurred – Found both parties rejected mediation – Found no evidence to support applicant’s claims of limited means - $3,500 contribution to costs appropriate |
| Result | Costs in favour of respondent ($3,500) |
| Main Category | Costs |
| Statutes | ERA s143(e) |
| Cases Cited | Chief Executive of the Department of Corrections v Tawhiwhirangi (No 2) [2008] ERNZ 73;Health Waikato Limited v Elmsly [2004] ERNZ 172;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Wellington_20.pdf [pdf 15 KB] |