| Restrictions |
OK |
| Jurisdiction |
Employment Relations Authority - Christchurch |
| Reference No |
[2018] NZERA Christchurch 175 |
| Determination date |
29 November 2018 |
| Member |
Peter van Keulen
|
| Representation |
Anne Toohey and Rachelle Boulton, counsel for the Applicant
Andrew Shaw, counsel for Respondent
|
| Location |
Christchurch |
| Parties |
JCE
v
THE CHIEF EXECUTIVE OF THE
DEPARTMENT OF CORRECTIONS
|
| Summary |
COSTS – Successful unjustified disadvantage and unsuccessful unjustified dismissal claim – 6 day investigation meeting – Respondent's behaviour did not meet standard for awarding indemnity costs – Costs incurred by applicant were reasonable given nature and complexity of the case – Appropriate to uplift daily tariff $1,500 uplift in light of complexity of the legal issues and factual inquiry – Extensive disclosure was required given nature of claims without fault by either party and therefore should not impact on costs awarded – Unjustified dismissal claim not sufficiently significant to warrant reduction in costs – $5,000 uplift appropriate for written submissions – Respondent to pay applicant $31,000 contribution towards costs – $5,764 disbursements appropriate |
| Main Category |
Costs |
| Number of Pages |
10 |
| PDF File Link: |
2018 NZERA Christchurch 175 [pdf 36 KB] |