| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 86 |
| Determination date | 24 February 2015 |
| Member | TG Tetitaha |
| Representation | E Dent (in person) ; A Russell |
| Parties | Dent v Waikato District Health Board |
| Summary | COSTS - Successful personal grievance claim - Three days investigation meeting - Applicant sought $2,552 indemnity costs - Respondent sought $15,000 contribution towards costs - Respondent made $27,000 and $42,000 Calderbank offers - Authority found both settlement offers exceeded monetary amounts awarded to applicant substantially - Found fact Calderbank offers did not include apology or acknowledgement of wrongdoing did not justify setting offers aside - Found appropriate to reverse position that costs follow event due to Calderbank offers - Found appropriate to reduce notional daily tariff due to respondent's late filing of pleading and applicant's partial success - Found evidence of applicant's hardship equivocal - Found appropriate to increase notional daily tariff to reflect applicant's unsuccessful interlocutory applications - Applicant to pay respondent $8,000 contribution towards costs - Payment by instalments ordered |
| Result | Costs in favour of respondent ($8,000) |
| Main Category | Costs |
| Statutes | ERA s124;ERA s125 |
| Cases Cited | Aoraki Corp Ltd v McGavin [1998] 3 NZLR 276 (CA);Bluestar Print Group (NZ) Ltd v Mitchell [2010] NZCA 385, [2010] ERNZ 446;Dent v Waikato District Health Board [2014] NZERA Auckland 526;Mattingly v Strata Title Management Ltd [2014] NZEmpC 15, [2014] ERNZ 1;New Zealand School of Education Ltd v Nafissi [2012] NZEmpC 35;Ogilvy & Mather (NZ) Ltd v Darroch [1993] 2 ERNZ 943 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2015_NZERA_Auckland_86.pdf [pdf 219 KB] |