| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 102A/05 |
| Determination date | 31 May 2005 |
| Member | V Campbell |
| Representation | J George (in person) ; D McGill |
| Location | Auckland |
| Parties | George v Datacom Engineering Services Ltd |
| Summary | COSTS - Successful personal grievance but contributory conduct - Calderbank offer - Defendant sought costs to lie where they fall - Applicant sought contribution to costs of $5,160 - Calderbank offer made after most of applicant's costs had been incurred - Allowed for three days to consider offer - Not suitable period of time for calm reflection and seeking advice - Costs of $1,000 in favour of applicant |
| Result | Costs in favour of applicant ($1,000) |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Calderbank v Calderbank [1975] 3 All ER 333;Harwood v Next Homes Ltd [2003] 2 ERNZ 433;Koia v Attorney-General in respect of the Chief Executive of the Ministry of Justice unreported, Colgan J, 23 February 2004, AC 8/04 |
| Number of Pages | 2 |
| PDF File Link: | aa 102a_05.pdf [pdf 9 KB] |