| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 3A/05 |
| Determination date | 12 May 2005 |
| Member | D King |
| Representation | M Lewis ; R McIlraith |
| Location | Auckland |
| Parties | Jones v Baycorp Advantage (NZ) Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Unsuccessful application to remove matter to Employment Court - Respondent sought substantial contribution to or full payment of total costs of $124,240 and disbursements of $11,468.15 - Total costs included mediation, opposing application for removal, and investigation - Reasonable costs amounted to three days' hearing time plus six days' preparation time and amount for opposing removal proceedings - Reasonably incurred costs would be $39,000 - Two Calderbank offers, one for $9,250 and other for $32,500 - In light of Calderbank offers higher contribution appropriate - Disbursements included recovery of documents by computer forensic expert - Respondent should not have deleted documents - Applicant still unemployed - No order for disbursements |
| Result | Costs in favour of respondent ($20,000) |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ 438;Diver v Geo Boyes & Co unreported, Penlington J, 20 May 1998, CP 58/98;Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 January 2004, AA 39/04;Harwood v Next Homes Ltd [2003] 2 ERNZ 433 |
| Number of Pages | 3 |
| PDF File Link: | aa 3a_05.pdf [pdf 16 KB] |