| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2013] NZERA Auckland 528 |
| Determination date | 17 November 2013 |
| Member | A Dumbleton |
| Representation | Drake ; Douglas |
| Parties | Alim also known as Nisha v LSG Sky Chefs New Zealand Ltd |
| Summary | COSTS - Unsuccessful personal grievance and arrears of wages claims - Three and a half days investigation meeting - Respondent sought $37,047 contribution towards costs - Respondent made $6,000 calderbank offer - Investigation protracted due to related proceedings - Appropriate to lift daily tariff substantially in consideration of respondent's settlement offer - Not appropriate to take into account applicant funded by third party - Further applications unmeritorious and unnecessary - Applicant tried to make respondent responsible for third party's conduct and unreasonably increased respondent's costs - Applicant to pay respondent $21,000 contribution towards costs |
| Result | Costs in favour of respondent ($21,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Alim v LSG Sky Chefs New Zealand Ltd [2013] NZERA Auckland 472;Matsuoka v LSG Sky Chefs New Zealand Ltd [2013] NZEmpC 96;Pacific Flight Catering Ltd v Service and Food Workers Union Nga Ringa Tota Inc [2013] NZEmpC 106;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Waterhouse v Contractors Bonding Ltd [2013] NZSC 89 |
| Number of Pages | 7 |
| PDF File Link: | 2013_NZERA_Auckland_528.pdf [pdf 168 KB] |