| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 5 |
| Determination date | 08 January 2013 |
| Member | D Appleton |
| Representation | L Ryder ; A Eveleigh |
| Parties | Cooke v JKL Entertainment Ltd |
| Summary | COSTS – Unsuccessful personal grievance and breach of contract claim and successful penalty claim – Three days investigation meeting – Respondent sought $13,175 indemnity costs - Respondent made $3000 Calderbank offer – Authority found respondent entitled to contribution towards costs - Authority found costs incurred prior to applicant’s rejection of Calderbank offer should not be incurred by applicant – Found not appropriate for applicant to pay GST element of legal costs – Considered applicant's poor financial position - Applicant to pay respondent $7000 contribution towards costs |
| Result | Costs in favour of respondent ($7000) |
| Main Category | Costs |
| Statutes | Wages Protection Act 1983 |
| Cases Cited | Cooke v JKL Entertainment Ltd [2012] NZERA Christchurch 134;Eniata v AMCOR Packaging (New Zealand) Ltd t/a AMCOR Kiwi Packaging unreported, Colgan J, 24 May 2002, AC19A/02;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Quest Rapuara (The Career Development and Transition Education Service) v Rahui unreported, Travis J, 11 October 1994, CEC41/94 |
| Number of Pages | 7 |
| PDF File Link: | 2012_NZERA_Christchurch_5.pdf [pdf 42 KB] |