| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2015] NZERA Wellington 26 |
| Determination date | 20 March 2015 |
| Member | P R Stapp |
| Parties | Elliott v Chief Executive of the Department of Corrections |
| Summary | COSTS - Unsuccessful personal grievance claim - Two days investigation meeting - Respondent sought contribution towards costs - Respondent made Calderbank offer - Authority found reasonable for applicant to reject Calderbank offer - Found applicant's conduct meant not appropriate for costs to lie where they fall - Found not appropriate to reduce notional daily tariff based on applicant's financial circumstances - Found appropriate to apply notional daily tariff - Applicant to pay respondent $7,000 contribution towards costs |
| Result | Costs in favour of respondent ($7,000) |
| Main Category | Costs |
| Statutes | ERA s157(1);ERA Second Schedule cl15 |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] NZCA 385, [2010] ERNZ 446;Booth v Big Kahuna Holdings Ltd [2015] NZEmpC 4;Elliott v The Chief Executive of the Department of Corrections [2014] NZERA Wellington 87;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Stevens v Hapag-Lloyd (NZ) Ltd [2015] NZEmpC 28 |
| Number of Pages | 3 |
| PDF File Link: | 2015_NZERA_Wellington_26.pdf [pdf 90 KB] |