| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 53A/06 |
| Determination date | 02 June 2006 |
| Member | D Asher |
| Representation | D Mitchell (in person) ; C Heaton |
| Location | Wellington |
| Parties | Mitchell v Blue Star Print Group (NZ) Ltd t/a Printlink |
| Summary | COSTS – Unsuccessful personal grievance and claim for exemplary damages – Length of investigation meeting not specified – Respondent sought contribution to total costs of $37,262 – Calderbank offer put to applicant – Applicant elected not to act on advice to obtain experienced representation – Respondent’s costs increased by far-reaching nature of applicant’s claim – Foreseeable that constructive dismissal claim would be unsuccessful as applicant unfit to work and receiving ACC payments – Applicant’s challenge to substantive determination not reason for Authority to put off decision on costs – Contribution to respondent’s costs ordered – Suggested parties attempt agreement on costs payment regime consistent with applicant’s ACC status |
| Result | Costs in favour of respondent ($6,000) |
| Statutes | ERA s123(1)(c)(i) |
| Cases Cited | Len Reid Oils Limited v Noel Walker unreported, Shaw J, 24 May 2006, WC 8/06;PBO Ltd v Da Cruz [2005] 1 ERNZ 808;Shanks v Agar t/a Rod Agar & Company [1996] 2 ERNZ 578 |
| Number of Pages | 5 |
| PDF File Link: | wa 53a_06.pdf [pdf 18 KB] |