| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2013] NZERA Christchurch 164 |
| Determination date | 13 August 2013 |
| Member | D Appleton |
| Representation | P van Keulen ; L Ryder |
| Parties | Morrison v Design Plus Build Ltd |
| Summary | COSTS – Successful personal grievance and penalty claims – One and a half days investigation meeting – Applicant sought $14,793 indemnity costs – Applicant made $14,425 and $23,000 Calderbank offers – Authority found first Calderbank offer should not be considered as applicant had not resigned and no mention of constructive dismissal claim in letter – Found appropriate to consider compensation element of second Calderbank offer in determining whether applicant did better in Authority determination – Found arguable second offer not Calderbank offer in traditional sense but appropriate to take offer into account and increase notional daily tariff – Respondent to pay applicant $7,500 contribution towards costs |
| Result | Costs in favour of applicant ($7,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Cases Cited | Davidson v Christchurch City Council [1995] 1 ERNZ 523;Morrison v Design Plus Build Ltd [2013] NZERA Christchurch 94;Patterson v Superior Motor Cycles Ltd [2013] NZERA Christchurch 4;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear (2006) 4 NZELR 59 |
| Number of Pages | 8 |
| PDF File Link: | 2013_NZERA_Christchurch_164.pdf [pdf 161 KB] |