| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 75C/08 |
| Determination date | 04 December 2008 |
| Member | H Doyle |
| Representation | K Stringleman ; B Fletcher |
| Location | Christchurch |
| Parties | Thompson v Maataa Waka Ki Te Tau Ihu Trust |
| Summary | COSTS - Successful personal grievance - Two day investigation meeting - Authority issued further determination concerning remedies where found $2,000 compensation appropriate - Authority not satisfied alleged later discovered misconduct - Respondent made calderbank offer of $1,500 to applicant before investigation meeting and before preparation costs incurred - Letter provided if offer not accepted right to produce letter in support of costs claim reserved - Authority found effect of Calderbank offer on award of costs fully discretional - Found because discretion wide, Authority could also take into account without prejudice offer in nature of Calderbank offer when more awarded than offered - Found all circumstances to be considered not simply offer - Authority took into account that applicant wanted non-monetary in reinstatement - Authority found Calderbank letter should be taken into account costs award made in favour of applicant but not to conclude should result in award favouring respondent or costs should lie where they fall - No departure from usual principle that unsuccessful party pays contribution towards successful party's costs - Authority made adjustment to allow for costs incurred by applicant in dealing with allegation of later discovered misconduct - Found $3,800 costs appropriate - Authority found award of $200 for travel and accommodation expenses fair - Found $20 for other disbursements appropriate |
| Result | Costs in favour of applicant ($3,800) ; Disbursements in favour of applicant ($220) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Health Waikato Ltd v Van Der Sluis [1997] 10 PRNZ 514 |
| Number of Pages | 4 |
| PDF File Link: | ca 75c_08.pdf [pdf 20 KB] |