| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 28 |
| Determination date | 25 March 2014 |
| Member | M Ryan |
| Representation | B Ballara ; P Churchman |
| Parties | Crumlish v Steedagh Ltd t/a The Greenman Pub Ltd |
| Summary | COSTS - Unsuccessful personal grievance and arrears of wages claims - Three days investigation meeting - Respondent sought $40,571 indemnity costs - Respondent made $4,000 Calderbank offer - Authority found respondent's failure to acknowledge impact events may have had on applicant not sufficient to conclude Calderbank offer ought not to be taken into account - Found indemnity costs unreasonable and punitive but appropriate to increase notional daily tariff to reflect Calderbank offer - Found not appropriate to modify notional daily tariff due to parties' conduct - Found no documentation to support assertion applicant unable to pay costs award - Applicant to pay respondent $13,500 contribution towards costs |
| Result | Costs in favour of respondent ($13,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Crumlish v Streedagh Ltd t/a The Green Man Pub [2014] NZERA Wellington 6;Fifita aka Bloomfield v Dunedin Casinos Ltd [2013] NZEmpC 171;Gamble v AgResearch Ltd (2009) 6 NZELR 684;Metallic Sweeping (1998) Ltd v Ford [2010] ERNZ 433;New Zealand School of Education Ltd v Nafissi [2012] NZEmpC 35;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Wellington_28.pdf [pdf 207 KB] |