| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 67 |
| Determination date | 15 April 2013 |
| Member | A Dumbleton |
| Parties | Gazeley v Oceania Group (NZ) Ltd |
| Summary | COSTS – Unsuccessful injunction, personal grievance, penalty and good faith claims – Six days investigation meetings – Respondent sought $60,000 contribution towards costs – Respondent made two $40,000 Calderbank offers – Authority found total level of parties’ costs not appropriate concern of Authority – Found appropriate to increase notional daily tariff to reflect applicant’s rejection of two reasonable Calderbank offers and fact case could have been conducted more efficiently on behalf of applicant – Found amount of costs to be ordered in favour of respondent should not be higher as near point where expense to unsuccessful grievant may place real limitation on right of access to dispute resolution by Authority – Applicant to pay respondent $30,000 contribution towards costs |
| Result | Costs in favour of respondent ($30,000) ; Disbursements in favour of respondent ($2,954)(travel and accommodation expenses) |
| Main Category | Costs |
| Statutes | ERA;ERA Second Schedule cl15;Lawyers and Conveyancers Act 2006 |
| Cases Cited | Detection Services Ltd v Pickering (No 2) [2013] NZEmpC 36;Gazeley v Oceania Group (NZ) Ltd [2012] NZERA Christchurch 261;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_67.pdf [pdf 160 KB] |