| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 190 |
| Determination date | 15 May 2014 |
| Member | T G Tetitaha |
| Representation | G Sergant (in person) ; A C Schimack, S J Kopu |
| Parties | Sergant v Western Mailing Ltd |
| Summary | COSTS - Successful personal grievance claim - Two days investigation meeting - Applicant sought $19,985 indemnity costs - Respondent sought contribution towards costs - Respondent made $63,875 Calderbank offer - Authority found indemnity costs not appropriate - Found Calderbank offer not reasonable as contained restrictive non-solicitation and non-competition covenants of far wider effect than applicant would have been subject to under employment agreement - Found appropriate to reduce notional daily tariff due to increased hearing time caused by conduct of applicant's counsel - Respondent to pay applicant $5,250 contribution towards costs |
| Result | Costs in favour of applicant ($5,250) ; Disbursements in favour of applicant ($587.96) |
| Main Category | Costs |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Bradbury v Westpac Banking Corp [2009] 3 NZLR 400;Mattingly v Strata Title Management Ltd [2014] NZEmpC 15;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Sergant v Western Mailing Ltd [2014] NZERA Auckland 62 |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Auckland_190.pdf [pdf 148 KB] |