| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 18 |
| Determination date | 12 February 2014 |
| Member | T MacKinnon |
| Representation | G Davenport ; A Schirnack |
| Parties | Kalicheti v Armourguard Security Ltd |
| Summary | COSTS – Unsuccessful jurisdiction claim – One day investigation meeting – Respondent sought $20,753 contribution towards costs – Respondent made $5,000 Calderbank offer – Authority found applicant did not reject Calderbank offer unreasonably as acceptance would have extinguished any option for applicant to take further civil action if not found to be employee – Found not appropriate for applicant to bear additional cost of respondent choosing representative from different city – Found appropriate to increase notional daily tariff due to factors such as volume of documentation contributing to amount of preparation time – Applicant to pay respondent $5,000 contribution towards costs |
| Result | Costs in favour of respondent ($5,000) |
| Main Category | Costs |
| Statutes | ERA;ERA Second Schedule cl15 |
| Cases Cited | May v Armourguard Security Ltd [2011] NZERA Auckland 208;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2014_NZERA_Wellington_18.pdf [pdf 98 KB] |