| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 454 |
| Determination date | 06 November 2014 |
| Member | D Appleton |
| Representation | S Hornsby-Geluk ; R Upton |
| Parties | Burke v Employers & Manufacturers Assoc (Northern) Inc |
| Summary | COSTS – Partially successful claims – Three days investigation meeting – Respondent sought $40,000 contribution towards costs – Respondent made $20,000 Calderbank offer – Authority found respondent’s conduct not such as to warrant reversing principle that costs follow event – Found not appropriate to increase notional daily tariff due to applicant’s conduct – Found applicant’s desire to show that treated unfairly by respondent not sufficient to set aside Calderbank offer – Found appropriate to increase notional daily tariff due to applicant’s unreasonable rejection of Calderbank offer – Found applicant’s financial circumstances did not warrant reduction in notional daily tariff – Applicant to pay respondent $20,000 contribution towards costs - Authority ordered payment by instalments |
| Result | Costs in favour of respondent ($20,000) ; Disbursements in favour of respondent ($554.40)(travel costs)($428)(accommodation costs) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15;Minimum Wage Act 1983 |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Booth v Big Kahuna Holdings Ltd [2014] NZEmpC 43;Burke v Employers and Manufacturers Assoc (Northern) Inc [2014] NZERA Auckland 218;Burke v Employers & Manufacturers Assoc (Northern) Inc [2014] NZERA Auckland 405;Gates v Air New Zealand Ltd [2010] NZEmpC 26;George v Auckland Council [2014] NZEmpC 100;Harvey Norman Stores (NZ) Pty Ltd v Boult [2014] NZEmpC 28;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;Mattingly v Strata Title Management Ltd [2014] NZEmpC 15;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 13 |
| PDF File Link: | 2014_NZERA_Auckland_454.pdf [pdf 300 KB] |