| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 154A/07 |
| Hearing date | 13 Jun 2007 - 25 Jun 2007 |
| Determination date | 03 July 2007 |
| Member | R A Monaghan |
| Representation | S King ; M Broadbent |
| Location | Auckland |
| Parties | Edwards v Regent Training Centre Ltd |
| Summary | COSTS - Partially successful personal grievance - Less than one day investigation meeting - Applicant sought $3,000 contribution to costs - Relied on concerns about respondent's willingness to settle - Respondent submitted costs should lie where they fall - Calderbank offer did not assist Authority as unlikely to have left applicant in better position - Submissions from parties on whether respondent took unrealistic stance when attempting to negotiate settlement - Arguments of that kind could only be pursued to very limited extent and tended to focus on evidence of bad faith - In most cases, only very limited evidence available as to content of negotiations - On limited evidence available Authority considered it likely both parties' stances affected by views of merits - Entitled to take those views and assume any resulting litigation risk - Authority could not take matter further - Matter relatively uncomplicated - Modest award in applicant's favour |
| Result | Costs in favour of applicant ($1,000) |
| Main Category | Costs |
| Number of Pages | 2 |
| PDF File Link: | aa 154a_07.pdf [pdf 17 KB] |