| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 363 |
| Determination date | 12 October 2012 |
| Member | J Crichton |
| Representation | E Hartdegen ; P McBride |
| Location | Auckland |
| Parties | Valensky v Idea Services Ltd (In Statutory Management) |
| Summary | COSTS – Personal grievance claim withdrawn by applicant – No investigation meeting - Respondent sought $8,600 contribution towards preparation costs – Respondent under statutory management - Applicant claimed was impecunious – Authority found fair not to take Calderbank offer into account – Found appropriate that applicant made contribution towards respondent’s costs but respondent’s failure to pay applicant in lieu of notice should be taken into account - Found final costs award affected by financial circumstances of both parties - Applicant to pay respondent $2,500 contribution towards costs inclusive of disbursements |
| Result | Costs in favour of respondent ($2,500) |
| Main Category | Costs |
| Cases Cited | Bay Milk Distributors v Jopson [2010] NZEmpC 34;Data Group Ltd v Gillespie unreported, Travis J, 22 Mar 2004, AC16/04;Gamble v AgResearch Ltd unreported, Couch J, 10 Sep 2009, CC6A/09;Graham v Airways Corporation of New Zealand Ltd (2004) 7 NZELC 97,421;Health Waikato Ltd v van der Sluis [1997] ERNZ 236;IHC New Zealand Inc v Scott unreported, Perkins J, 18 Oct 2006, AC45A/06;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Tourism Holdings Ltd (t/a CI Munro) v Charlesworth [2012] NZEmpC 29 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Auckland_363.pdf [pdf 216 KB] |