| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2017] NZERA Auckland 340 |
| Determination date | 31 October 2017 |
| Member | V Campbell |
| Representation | S Carr ; P Pa'u |
| Location | Auckland |
| Parties | Labour Inspector v Pars Auto Ltd |
| Summary | COSTS – Unsuccessful jurisdiction and penalty claims – Three day investigation meeting – Respondent sought indemnity costs on basis that Calderbank offer made and rejected by applicant – Calderbank could not have been intended to resolve dispute without recourse to litigation – Not appropriate to award indemnity costs – Rejection of Calderbank reasonable – Applicant to pay respondent $10,500 contribution towards costs |
| Result | Costs in favour of respondent ($10,500) |
| Main Category | Costs |
| Statutes | ERA s174C(4) |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] NZCA 385;Booth v Big Kahuna Holdings Ltd [2015] NZEmpC 4;Bradbury v Westbank Banking Corporation [2009] NZCA 234;Labour Inspector v Pars Auto Ltd [2017] NZERA Auckland 157;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC);Tomo v Checkmate Precision Cutting Tools Ltd [2015] NZEmpC 2 |
| Number of Pages | 3 |
| PDF File Link: | 2017_NZERA_Auckland_340.pdf [pdf 94 KB] |