| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2012] NZERA Christchurch 148 |
| Determination date | 20 July 2012 |
| Member | M B Loftus |
| Representation | P Butler ; L Inger |
| Parties | Kennedy v Porse-In-Home Childcare (NZ) Ltd |
| Summary | COSTS - Successful personal grievance claim - Two day investigation meeting - Applicant sought $22,070 contribution towards costs - Respondent made Calderbank offer suggesting resignation be withdrawn, applicant to have period of unpaid leave prior to parental leave and compensation of $7,500 plus a role once parental leave over - Applicant rejected Calderbank offer - Respondent denied abusing process or pursuing unmeritorious claims - Authority found Calderbank offer of little value as award exceeded amount offered - Applicant's counter offer exceeded by award and must be considered reasonable - Rejection of applicant's counter offer put parties to unnecessary added costs and provided grounds for increased costs award but not necessarily full indemnity costs - Authority found doubling of costs award scale appropriate - Respondent to pay applicant $14,000 contribution towards costs |
| Result | Costs in favour of applicant ($14,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Chen v New Zealand Sugar Co Ltd [2010] NZEmpC 81;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172 (CA);PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2012_NZERA_Christchurch_148.pdf [pdf 141 KB] |