| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2012] NZERA Auckland 377 |
| Determination date | 17 October 2012 |
| Member | K J Anderson |
| Representation | W Reid ; S-J Davies |
| Parties | Hecht v Erson Holdings Ltd |
| Summary | COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought $17,387 contribution towards costs – Respondent claimed made $3,500 and $3,000 Calderbank offers – Authority found first Calderbank offer not valid as personal grievance not raised and legal proceedings not commenced at time – Found given expenses incurred already by applicant and fact issues brought to Authority arguable not unreasonable for applicant to reject second Calderbank offer – Applicant to pay respondent $3,500 contribution towards costs |
| Result | Costs in favour of respondent ($3,500) |
| Main Category | Costs |
| Statutes | ECR;ERA;ERA Second Schedule cl15;High Court Rules 2008 R48G(1) |
| Cases Cited | Calderbank v Calderbank [1976] Fam 93;Hecht v Erson Holdings Ltd [2012] NZERA Auckland 251;Kaipara v Carter Holt Harvey Ltd (2012) 10 NZELC 79-010;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Auckland_377.pdf [pdf 202 KB] |