| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 220 |
| Determination date | 03 July 2012 |
| Member | E Robinson |
| Location | Auckland |
| Parties | McKenzie v Dawsons Catering Ltd |
| Summary | COSTS - Successful personal grievance - One day investigation meeting - Respondent sought $3,600 contribution towards costs - Respondent made Calderbank offer for costs to lie where they fall - Applicant made counter offer for a final settlement of $10,910 - Respondent submitted there was little merit to applicant's case and sought $6,790 contribution towards costs - Authority found Calderbank offer was similar to actual award - Counter offer not realistic - Applicant to pay respondent $1,000 contribution towards costs |
| Result | Costs in favour of respondent ($1,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] ERNZ 601;Health Waikato Ltd v Elmsley [2004] ERNZ;Health Waikato Ltd v Van Der Sluis (1997) 10 PRNZ 514;McKenzie v Dawsons Catering Ltd [2012] NZERA Auckland 183;NZ Automobile Association Inc v McKay [1996] ERNZ 622;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear 920060 4 NZELR 59 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_220.pdf [pdf 171 KB] |