| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2012] NZERA Wellington 151 |
| Determination date | 03 December 2012 |
| Member | P R Stapp |
| Representation | D McLeod ; D Robb |
| Location | Wellington |
| Parties | Johnston v The Silky Oak Chocolate Company Ltd |
| Summary | COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Respondent sought contribution towards costs – Applicant made Calderbank offer – Authority found applicant must have known would have to pay contribution towards respondent’s costs if not successful – Found investigation meeting set down for one day but dealt with in less time and both parties well prepared and focussed on issues – No evidence applicant unable to pay costs – Applicant to pay respondent $2,000 contribution towards costs |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Cases Cited | Balfour v Chief Executive, Department of Corrections [2007] ERNZ 808;Johnston v The Silky Oak Chocolate Co Ltd [2012] NZERA Wellington 103;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Shanks v Agar (t/a Rod Agar & Co) [1996] 2 ERNZ 578 |
| Number of Pages | 5 |
| PDF File Link: | 2012_NZERA_Wellington_151.pdf [pdf 149 KB] |