| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2016] NZERA Wellington 131 |
| Determination date | 27 October 2016 |
| Member | T MacKinnon |
| Representation | M Richards, A Chote ; G Brant |
| Location | Wellington |
| Parties | Sunder v Vasona Networks Inc |
| Summary | COSTS - Successful personal grievance claim - Length of investigation meeting not specified - Respondent sought costs contribution towards costs - Applicant awarded $10,000 compensation in original determination - Respondent made $40,000 Calderbank offer - Authority found it appropriate to take into account Calderbank but had offer been made earlier than three weeks before investigation meeting would have accorded it greater weight - Found applicant’s preferred remedy, reinstatement, unlikely due to genuine redundancy - Found reasonable to award half of legal costs incurred by respondent following Calderbank offer - Applicant to pay respondent $12,058 contribution towards costs |
| Result | Costs in favour of respondent ($12,058.05) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Bradbury v Westpac Banking Corporation [2009] NZCA 234, [2009] 3 NZLR 400;Fagotti v Acme & Co Ltd [2015] NZEmpC 135, (2015) NZELR 1 |
| Number of Pages | 5 |
| PDF File Link: | 2016_NZERA_Wellington_131.pdf [pdf 41 KB] |