| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 79 |
| Determination date | 01 March 2012 |
| Member | R Larmer |
| Representation | no appearance ; P Swarbrick |
| Location | Auckland |
| Parties | Osborne v The Farmers' Trading Co Ltd |
| Summary | COSTS – Unsuccessful personal grievance – One day investigation meeting – No submissions received from applicant – Respondent sought $10,000 contribution to $15,000 total costs – Authority found hardship as result of costs award expected and acceptable consequence of decision by party to engage in unsuccessful litigation – Found no factors to warrant decrease to notional daily tariff – Found daily tariff should be increased on grounds applicant’s conduct unnecessarily increased respondent’s legal costs because declined to accept settlement offer, manner in which conducted case and elected to pursue arguments that were devoid of merit – Found respondent’s settlement offer realistic – Found applicant put on notice of deficiencies in claim – Found applicant failed to prosecute claim properly, changed evidence, did not pursue disadvantage grievance which caused respondent to incur costs, and changed claim for lost wages – Found applicant should have known claim unlikely to be successful – Found $6,000 contribution to costs appropriate |
| Result | Costs in favour of respondent |
| Main Category | Costs |
| Cases Cited | Carter Holt Harvey v Eastern Bays Independent Industrial Workers Union & Others [2011] NZEMPC 13;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943;Osborne v The Farmers’ Trading Company Limited [2011] NZERA Auckland 552;PBO Ltd (formerly Rush Security) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_79.pdf [pdf 27 KB] |