| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2014] NZERA Wellington 131 |
| Determination date | 18 December 2014 |
| Member | Trish MacKinnon |
| Representation | B Bucket ; S Turner, S Clark |
| Location | Wellington |
| Parties | Fagotti v Acme & Co Ltd |
| Summary | COSTS - Successful personal grievance and bargaining claims - One day investigation meeting - Applicant sought indemnity costs and contribution towards costs in relation to costs application - Applicant made Calderbank offers, including $5,000 and $6,000 offers - Respondent made Calderbank offers, including $2,500 offer - Authority found costs incurred by both parties would have been considerably less if respondent took more pragmatic approach to applicant's offer to resolve matter - Appropriate to increase notional daily tariff to reflect respondent's rejection of Calderbank offers - Found not appropriate to award costs in relation to costs application - Respondent to pay applicant $4,500 contribution towards costs |
| Result | Costs in favour of applicant ($4,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westpac Banking Corp [2009] NZCA 234, [2009] 3 NZLR 400;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 4 |
| PDF File Link: | 2014_NZERA_Wellington_131.pdf [pdf 158 KB] |