| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2014] NZERA Auckland 448 |
| Determination date | 03 November 2014 |
| Member | R Arthur |
| Representation | S Leftley ; P Swarbrick |
| Parties | Phillips v Juken New Zealand Ltd |
| Summary | COSTS – Successful personal grievance claim – One day investigation meeting – Respondent sought $11,478 indemnity costs – Respondent made $18,859 Calderbank offer – Authority found applicant would have been better off if accepted Calderbank offer – Found not appropriate for applicant to be out of pocket despite being successful in establishing personal grievance, but appropriate to increase notional daily tariff to reflect applicant’s unwise choice in rejecting settlement offer – Applicant to pay respondent $5,500 contribution towards costs |
| Result | Costs in favour of respondent ($5,500) |
| Main Category | Costs |
| Cases Cited | Mattingly v Strata Title Management Ltd [2014] NZEmpC 15;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Phillips v Juken New Zealand Ltd [2014] NZERA Auckland 419 |
| Number of Pages | 6 |
| PDF File Link: | 2014_NZERA_Auckland_448.pdf [pdf 104 KB] |