Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2017] NZERA Auckland 366
Determination date 23 November 2017
Member V Campbell
Representation C Steward ; H Waalkens
Location Auckland
Parties Elisara v Allianz New Zealand Ltd
Summary COSTS – Unsuccessful personal grievance claim – One day investigation meeting – Respondent sought uplift in daily tariff to reflect unnecessary increase in costs , serious and wide ranging scope of allegations and complexity of matter – $1,750 uplift to daily tariff appropriate to recognise unnecessary additional costs – Further $1,750 uplift appropriate to account for serious and wide ranging scope of allegations – $7,000 uplift appropriate to account for complexity of matter – Authority found appropriate to increase costs to take into account preparation time – Respondent made Calderbank offer after investigation meeting – Offer not taken into account where significant costs already incurred following investigation meeting – Applicant to pay respondent $15,000 contribution towards costs
Result Costs in favour of respondent ($15,000)
Main Category Costs
Cases Cited Bluestar Print Group (NZ) Ltd v Mitchell [2010] NZCA 385;Booth v Big Kahuna Holdings Ltd [2015] NZEmpC 4;Elisara v Allianz New Zealand Ltd [2017] NZERA Auckland 290;Mattingly v Strata Title Management Ltd [2014] NZEmpC 15;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 (EmpC)
Number of Pages 7
PDF File Link: 2017_NZERA_Auckland_366.pdf [pdf 27 KB]