| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 67/08 |
| Determination date | 29 February 2008 |
| Member | J Scott |
| Representation | M Hammond ; G Bevan |
| Location | Auckland |
| Parties | Clear v Waikato District Health Board |
| Summary | COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Respondent made two Calderbank offers, one prior to investigation meeting and one part way through investigation meeting - Respondent argued for costs to lie where they fall on basis of Calderbank offers - Applicant submitted Calderbank offers not relevant as both offers less than Authority award and were made too late - Also submitted that Calderbank offer conditional on other terms not a true Calderbank offer, Offer made to applicant contained condition terms be kept confidential - Authority found that while applicant unsuccessful in a number of claims, allegations of bullying at core of claim not comprehensively examined until matter with Authority - Applicant's partial success based upon point that respondent did not investigate totality of complaints after it had said it would and so did not treat her fairly - Respondent to pay applicant contribution towards costs incurred |
| Result | Costs in favour of applicant ($5,000) |
| Main Category | Costs |
| Cases Cited | Binnie v Pacific Health Ltd [2002] 1 ERNZ, 438 (CA);Bolton v The Rathbone Clinic Ltd unreported, Y S Oldfield, 7 September 2007, AA 275/07;Clear v Waikato District Health Board unreported, J Scott, 13 February 2007, AA 33/07;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Okeby v Computer Associates (NZ) Ltd [1994] 1 ERNZ 613;Rapana v McBride Street Cars [2007] DCR 551 |
| Number of Pages | 5 |
| PDF File Link: | aa 67_08.pdf [pdf 49 KB] |