| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 12A/08 |
| Determination date | 20 March 2008 |
| Member | D King |
| Location | Auckland |
| Parties | Bambury v Elation Ltd and Anor |
| Summary | COSTS - Authority concluded lacked jurisdiction as applicant not employee - Less than one day investigation meeting - Respondent sought $3,861 contribution to total costs of $5,850 - Respondent had made Calderbank offer including holiday pay and legal costs - Applicant submitted had grounds to recover costs given unanticipated finding of no employment relationship, counterclaim not determined and PAYE deductions need to be recovered - Sought award of $2,250 - Authority found applicant complicated matters by bringing claim against both respondents - No grounds for awarding costs to applicant - Nothing in Calderbank offer to justify award of indemnity costs to respondent - Applicant to pay contribution to respondent's costs |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 12a_08.pdf [pdf 13 KB] |