| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2017] NZERA Christchurch 193 |
| Determination date | 09 November 2017 |
| Member | C Hickey |
| Representation | R Boulton ; A Hansen |
| Location | Christchurch |
| Parties | Loo v Vircom Energy Management Services Ltd |
| Summary | COSTS – Unsuccessful personal grievance claim – Less than one day investigation meeting – Respondent sought $17,360 contribution towards costs – Respondent made offer that both parties drop their respective claims – Authority found respondent’s offer not a Calderbank offer – Applicant’s rejection of offer reasonable – Applicant’s approach to claim did not unnecessarily increase respondent’s costs as Authority had been clear not required to respond to the applicant’s attempts to get agreed statement of facts, answers to questions and access to information prior to investigation – Not appropriate to increase tariff for respondent’s preparation for a witness applicant chose not to call – Applicant’s financial circumstances did not warrant decrease in daily tariff – Applicant to pay respondent $3,500 contribution towards costs |
| Result | Costs in favour of respondent ($3,500) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Fagotti v Acme & Co [2015] NZEmpC 135;Loo v Vircom Energy Management Services Ltd [2017] NZERA Christchurch 101;Olgivy & Mather (NZ) Ltd v Darroch [1991] 2 ERNZ 943;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC) |
| Number of Pages | 7 |
| PDF File Link: | 2017_NZERA_Christchurch_193_amended.pdf [pdf 22 KB] |