| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 296 |
| Determination date | 30 August 2012 |
| Member | E Robinson |
| Parties | Gallagher v Auckland Packaging Company Ltd |
| Summary | COSTS - Unsuccessful personal grievance claim - One day investigation meeting - Respondent sought $7,500 contribution towards costs - Respondent made Calderbank offer to change records to show applicant resigned rather than dismissed - Respondent claimed additional costs appropriate due to considerable preparation required - Applicant claimed financial difficulties meant costs award would leave applicant facing bankruptcy - Authority found Calderbank offer a reasonable settlement option and put applicant on notice increase in daily tariff would be sought if rejected - Applicant to pay respondent $4,500 contribution towards costs - Authority ordered payment by instalments |
| Result | Costs in favour of respondent ($4,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Gallagher v Auckland Packaging Co Ltd [2012] NZERA Auckland 258;Carter Holt Harvey Ltd v Eastern Bay Independent Industrial Workers Union [2011] NZEmpC 13;Calderbank v Calderbank [1976] Fam 93;New Zealand Automobile Assoc Inc v McKay [1996] 2 ERNZ 622;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Victoria University of Wellington v Alton-Lee [2001] ERNZ 305;Aoraki Corp Ltd v McGavin [1998] 1 ERNZ 601; [1998] 3 NZLR 276;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;Tourism Holdings Ltd (t/a Cl Munro) v Charlesworth [2012] NZEmpC 29 |
| Number of Pages | 6 |
| PDF File Link: | 2012_NZERA_Auckland_296.pdf [pdf 190 KB] |