| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 457 |
| Determination date | 09 October 2013 |
| Member | T G Tetitaha |
| Representation | S Scott ; R Drake |
| Parties | Hepi v Traffic Management NZ Ltd |
| Summary | COSTS - Successful recovery of monies claim - Less than one day investigation meeting - Applicant sought $2,396 indemnity costs - Applicant made Calderbank offer for settlement upon payment of wages owed - Respondent made $1,500 counter-offer - Authority found case did not meet threshold required for award of indemnity costs but modest uplift in daily tariff warranted to reflect applicant's reasonable offer - Respondent to pay applicant $2,081 contribution towards costs |
| Result | Costs in favour of applicant ($2,081.76) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15;High Court Rules 2009 r14.2(f);Wages Protection Act 1983 s11 |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] 1 ERNZ 601 ; [1998] 3 NZLR 276;Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Bradbury v Westpac Banking Corp [2009] 3 NZLR 400;Filta Vacuum Products Ltd v Dolan unreported, Travis J, 9 July 2009, AC28/09;Mayne v Polychem Marketing Ltd [2013] NZEmpC 127;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Pickering v Detection Services Ltd [2013] NZERA Auckland 28;Wood v Board of Trustees of Woodford House School [2011] NZERA Wellington 87 |
| Number of Pages | 3 |
| PDF File Link: | 2013_NZERA_Auckland_457.pdf [pdf 144 KB] |