| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 79A/08 |
| Determination date | 02 September 2008 |
| Member | D Asher |
| Representation | G Ogilvie ; D Mitchell |
| Location | Wellington |
| Parties | Smith v Danaflex Packaging Corporation Ltd |
| Summary | COSTS - Unsuccessful Personal Grievance and Dispute - Half day investigation meeting - Respondent argued put to unnecessary cost as result of having to file substantive statement as applicant's original statement of problem lacked specificity - Submitted Authority should take into account conduct which unnecessarily increased costs - Respondent made Calderbank offer of $2,000, which applicant rejected - Respondent's total Authority-related costs were $9,729 and sought $6,000 as contribution to reasonably incurred costs - Applicant argued no realistic prospect of meeting any costs claim without substantial hardship - Calderbank offer made did not reflect costs incurred by applicant - Submitted costs should lie where they fall - Respondent successful party in respect of dispute and personal grievance therefore costs normally follow event, however applicant's current financial and employment difficulties taken into account - Authority deemed it reasonable to suspend order for costs of $1,500 contribution to respondent's costs until applicant resumed employment and cleared any significant personal debt |
| Result | Costs in favour of respondent ($1,500 - Suspended order) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Beck v Edge Real Estate Ltd unreported, H Doyle, 22 March 2006, CA 47/06;Graham v Airways Corporation of new Zealand Ltd unreported, Colgan CJ, 12 January 2006, AC 1/06;Hansells (NZ) Ltd v Ma unreported, Travis J, 1 November 2007, AC 53A/07;Merritt v The Commissioner of Police unreported, Colgan J, 16 March 1998, AEC 16/98;PBO Ltd(formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | wa 79a_08.pdf [pdf 21 KB] |