| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 240 |
| Determination date | 16 August 2017 |
| Member | R Arthur |
| Representation | A Kersjes ; R Mead |
| Location | Auckland |
| Parties | MacDonald v TKP Properties Ltd t/a Top Pub & Route 26 Bar and Grill |
| Summary | COSTS – Successful personal grievance claim – One day investigation meeting – Applicant sought $18,298 indemnity costs – Applicant made $9,700 and $15,600 Calderbank offers – Authority found no exceptional circumstances warranting award of indemnity costs – Authority found $2000 uplift in daily tariff appropriate to reflect respondent’s unreasonable rejection of Calderbank offers – Respondent to pay applicant $6,500 contribution towards costs. |
| Result | Cost in favour of the applicant ($6500) ; Disbursements in favour of applicant ($515) (filling fee and printing costs) |
| Main Category | Costs |
| Cases Cited | Bradbury v Westpac Banking Corporation [2009] NZCA 234;PBO v Da Cruz (Formerly Rush Security Ltd) [2005] ERNZ 808 (EmpC);Macdonald v TKR Properties Limited [2017] NZERA Auckland 199 |
| Number of Pages | 5 |
| PDF File Link: | 2017_NZERA_Auckland_240.pdf [pdf 165 KB] |