Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2012] NZERA Wellington 41
Determination date 12 April 2012
Member P R Stapp
Representation J Angus ; M Quigg
Location Wellington
Parties Olsen & Anor v Te One A Mara Ltd & Ors
Other Parties Jackson ; Pedersen, Pedersen
Summary COSTS – Partially successful personal grievances – Two day investigation meeting - Both parties sought full costs from other party - Respondents made applicants Calderbank offer – Authority found as first applicant successful (“O”) and second applicant (”J”) unsuccessful costs needed to be proportionally shared between parties – Found respondents better placed to seek costs as applicants declined Calderbank offer and Authority awarded O slightly less than Calderbank offer – Found O’s issues dominated majority of investigation meeting but J’s involvement increased length of investigation meeting – Found as Calderback offer and remedies awarded by Authority so close O could not expect contribution towards costs – J to pay respondents $3,500 contribution towards costs – Costs relating to O to lie where they fall
Result Costs in favour of respondents ($3,500)(second applicant) ; Costs to lie where they fall (first applicant)
Main Category Costs
Cases Cited Olsen & Anor v Te One A Mara Ltd & Ors [2011] NZERA Wellington 170;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808
Number of Pages 6
PDF File Link: 2012_NZERA_Wellington_41.pdf [pdf 24 KB]