| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 111/08 |
| Determination date | 27 March 2008 |
| Member | J Wilson |
| Representation | K Nicolson ; C Blake |
| Location | Auckland |
| Parties | Nelson v Fletcher Steel Ltd |
| Summary | COSTS - Partially successful personal grievance - Length of investigation meeting not specified - Applicant sought reasonable contribution to total costs of $42,000 - Argued should not be penalised for bringing action that was not completely successful - Submitted did not waste time on unimportant matters nor act in a way that would prevent or prohibit a reasonable contribution to costs - Accused respondent of being unhelpful, vague and evasive during investigation - Respondent argued that defended majority of claims bought against them and refuted claim they were unhelpful, evasive and untruthful - Submitted applicant's attitude prohibited settlement discussions - Respondent's costs in excess of $130,000 - Calderbank offer made - Respondent suggested applicant should contribute to respondents costs - Authority did not accept applicant's claims respondent was unhelpful, vague, evasive or contemptuous - However applicant entitled to pursue range of grievances genuinely felt he had - Appropriate for Authority to use discretion to consider all relevant issues to make costs award - Determined neither party required to make contribution to other parties costs based on equitable balance |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | aa 111_08.pdf [pdf 31 KB] |