Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No [2017] NZERA Wellington 42
Determination date 29 May 2017
Member T MacKinnon
Representation A Bell ; F McMillan
Location Wellington
Parties Ellison v Agresearch Ltd
Summary COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought $10,000 contribution towards costs – Respondent made two $10,000 Calderbank offers – Authority found not appropriate to increase costs in relation to additional submissions called for following investigation meeting as arose from evidence given by a witness for respondent – Appropriate to apply $2,000 uplift in daily tariff due to applicant’s unreasonable rejection of first Calderbank offer – Applicant to pay respondent $5,500 contribution towards costs.
Result Costs in favour of respondent ($5,500)
Main Category Costs
Cases Cited Blue Star Print Group (NZ) Ltd v Mitchell [2010] NZCA 385;Ellison v Agresearch Ltd [2017] NZERA Wellington 11;Fagotti v Acme & Co Ltd [2015] NZEmpC 135;Health Waikato Ltd v Elmsly [2004] 1 ERNZ 172;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 5
PDF File Link: 2017_NZERA_Wellington_42.pdf [pdf 27 KB]