| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 164A/07 |
| Determination date | 13 September 2007 |
| Member | L Robinson |
| Location | Auckland |
| Parties | Brinkman v Versatile Buildings Ltd |
| Summary | COSTS - Partially unsuccessful personal grievance - Two day investigation meeting - Respondent's actual costs were $30,903 - Sought contribution of $19,216 being principally costs incurred after Calderbank offer rejected by applicant - Applicant submitted costs should lie where they fall - Argued respondent's costs extraordinarily high and would punish applicant - Also contended would deter other applicants from bringing claims - Applicant genuinely sought reinstatement and vindication, therefore not liable for respondent's costs on indemnity basis - Calderbank offer treated as additional consideration - Applicant's personal circumstances particularly relevant - Appropriate to award $1,500 per day of investigation meeting without further component to recognised Calderbank offer - Applicant not personally responsible for unsatisfactory presentation of claim - Applicant sole income earner and limited means to meet award |
| Result | Costs in favour of respondent ($5,000) |
| Main Category | Costs |
| Cases Cited | McDonald v FAI (NZ) General Insurance Co Ltd (2002) 16 PRNZ 298;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchegear, Colgan J, AC 64/06, 24 November 2006 |
| Number of Pages | 3 |
| PDF File Link: | aa 164a_07.pdf [pdf 19 KB] |