| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2015] NZERA Auckland 21 |
| Determination date | 28 January 2015 |
| Member | Rachel Larmer |
| Representation | P Swarbrick; B Foote |
| Location | Auckland |
| Parties | McLean v Barkers Park Ltd & Anor |
| Other Parties | Sung Ho Park |
| Summary | COSTS – Successful personal grievance claim and unsuccessful breach of contract claim – One and half day investigation meeting - Applicant sought indemnity costs of $20,000 based on rejected Calderbank offer – Appropriate to apply uplift in notional daily tariff to reflect rejected Calderbank offer and long day of investigation meeting but also have regard to applicant’s failed claims – Respondent to pay applicant $9,384 contribution to costs |
| Result | Costs in favour of applicant ($9,384) ; Disbursements in favour of applicant ($71.56)(filing fee)($153.33)(hearing fee) |
| Main Category | Costs |
| Cases Cited | Blue Star Print Group (NZ) Ltd v Mitchell [2010] NZCA 385, [2010] ERNZ 446;McLean v Barkers Park Ltd [2014] NZERA Auckland 502;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 5 |
| PDF File Link: | 2015_NZERA_Auckland_21.pdf [pdf 146 KB] |