| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 50 |
| Determination date | 13 February 2014 |
| Member | K J Anderson |
| Representation | S Barter ; B Edwards |
| Parties | Tristcott v Callplus Services Ltd |
| Summary | COSTS – Partially successful personal grievance claim – One day investigation meeting – Respondent sought $23,490 contribution towards costs – Respondent made $1,000 Calderbank offer – Authority found respondent entitled to costs given substantial success in substantive matter – Found $1,000 Calderbank offer not reasonable settlement offer when overall outcome taken into account – Found questionable whether respondent would have made commission payments if applicant did not pursue claims in Authority – Found no valid reason to award respondent more than notional daily tariff – Applicant to pay respondent $3,500 contribution towards costs |
| Result | Costs in favour of respondent ($3,500) |
| Main Category | Costs |
| Statutes | ERA s124;ERA Second Schedule cl15 |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Calderbank v Calderbank [1976] Fam 93;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Triscott v Callplus Services Ltd [2013] NZERA Auckland 513 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_50.pdf [pdf 97 KB] |