| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 41 |
| Determination date | 06 March 2012 |
| Member | H Doyle |
| Representation | J Goldstein ; A Sherriff |
| Location | Christchurch |
| Parties | X v The Secretary for Justice |
| Summary | COSTS – Successful personal grievances – Two day investigation meeting – Applicant sought $16,000 contribution to $19,622 total costs – Applicant claimed respondent rejected counter offer to respondent’s Calderbank offer – Applicant sought increase in costs awarded rather than application of notional daily tariff due to rejection of offer – Respondent claimed each party rejected the other’s Calderbank offer which had effect of neutralising Calderbank offer – Respondent claimed applicant made unsuccessful attacks on every single procedural point related to investigation and disciplinary process decision – Respondent claimed scrutiny of process had effect of extending Authority proceedings unnecessarily – Respondent claimed successful in vast majority of issues in proceeding – Respondent claimed would have sought contribution to costs but decided not to given ongoing relationship between parties – Respondent claimed costs should lie where they fall – Authority did not take into account rejection of Calderbank offer – Found applicant not successful in several arguments about process leading to warning – Found approach taken by applicant particularly thorough – Found matter not particularly factually or legally complex – Authority reduced daily tariff for second day to take into account requirement of more detailed submissions – Found $6,500 contribution to costs appropriate |
| Result | Costs in favour of applicant ($6,500) ; Disbursements in favour of applicant ($376.66) |
| Main Category | Costs |
| Statutes | ERA s103A |
| Cases Cited | Bluestar Print Group (NZ) Ltd v David Mitchell [2010] ERNZ 446;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Christchurch_41.pdf [pdf 27 KB] |