| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 38A/04 |
| Determination date | 15 June 2004 |
| Member | P R Stapp |
| Representation | M Kirkeby ; S Hornsby |
| Location | Wellington |
| Parties | Montaperto v MidCentral District Health Board |
| Summary | COSTS - Successful personal grievance - No remedies awarded - Applicant legally aided - Actual costs of $3,119.80 sought - Counterclaim for costs by respondent - No exceptional circumstances justifying award of actual costs to applicant - No exceptional circumstances warranting claim by respondent for more than $50 legal aid contribution - Calderbank offer - Extraneous matters raised by applicant put respondent to extra cost - Some aspects of employment reflected poorly on applicant - On balance just for costs to lie where they fall |
| Result | Costs to lie where they fall |
| Cases Cited | Graham v Airways Corporation NZ Limited unreported, A Dumbleton, 28 January 2004, AA 39/04;Harwood v Next Homes Limited [2003] 2 ERNZ 433;NZALPA v Registrar of Unions [1989] NZILR 550;Okeby v Computer Associates (NZ) Limited [1994] 1 ERNZ 613;Reid v New Zealand Fire Service Commission [1995] 2 ERNZ 38 |
| Number of Pages | 5 |
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