| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 35A/08 |
| Determination date | 01 April 2008 |
| Member | R Arthur |
| Representation | R Pool ; C Patterson |
| Location | Auckland |
| Parties | Organ v Integral Technology Group Ltd |
| Summary | COSTS - Partially successful personal grievance - One day investigation meeting - Applicant sought $3,000 as contribution to costs - Submitted respondent made belated concessions during investigation - Respondent submitted costs should lie where they fall as made Calderbank offer during adjournment of investigation meeting and applicant's redundancy found to be for genuine reasons - Authority gave particular weight to respondents belated concession some of it's actions were unfair in carrying out redundancy, and wrongly withheld notice and bonus payments in order to exert pressure on applicant - Calderbank offer for costs was only made towards end of investigation meeting - Respondent's argument put to unnecessary expense in defending genuineness of redundancy not accepted - Costs to follow event - Respondent to pay applicant $2,500 in costs |
| Result | Costs in favour of applicant ($2,500) |
| Main Category | Costs |
| Cases Cited | Organ v Integral Technology Group Ltd unreported, R Arthur, 8 February 2008, AA 35/08;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | aa 35a_08.pdf [pdf 15 KB] |