| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 178 |
| Determination date | 30 May 2012 |
| Member | A Dumbleton |
| Location | Auckland |
| Parties | Yu v The Commissioner of Police |
| Summary | COSTS – Unsuccessful raising personal grievance, personal grievance, breach of contract and good faith claims – Two and a half days investigation meeting – Respondent sought $30,960 indemnity costs – Respondent made $19,000 Calderbank offer – Authority found appropriate for notional daily tariff to be increased markedly as applicant rejected reasonable settlement offer made at early stage of investigation but indemnity costs not appropriate – Found applicant’s present inability to pay should not lead to applicant being forgiven responsibility to pay what was properly due forever – Applicant to pay respondent $15,000 contribution towards costs |
| Result | Costs in favour of respondent ($15,000) ; Disbursements in favour of respondent ($5,387) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15;ERA Second Schedule cl16 |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Yu v The Commissioner of Police [2011] NZERA Auckland 426 |
| Number of Pages | 4 |
| PDF File Link: | 2012_NZERA_Auckland_178.pdf [pdf 644 KB] |