| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 21/09 |
| Determination date | 26 February 2009 |
| Member | H Doyle |
| Representation | MJ Thomas ; P McBride |
| Location | Christchurch |
| Parties | Robertson v New Zealand Fire Service Commission |
| Summary | COSTS – Successful personal grievance - Award less than Calderbank offer - Two day investigation meeting – Respondent sought total contribution and disbursement of $22,000 - Authority found Calderbank offer valid – Found tariff approach appropriate – Found contribution of $3000 per day and adjustment of $1000 to reflect additional time requested by applicant and preparation of costs submissions appropriate – Applicant claimed unfair to meet all disbursements when large component were airfares and accommodation which included respondent’s counsel and witnesses – Found 25 per cent deduction in disbursements of airfares and accommodation in favour of applicant and disbursement of other expenses in full appropriate |
| Result | Costs in favour of respondent ($7,000) ; Disbursement in favour of respondent ($1,292.25 after deduction) (Air fares)($1,266.95 after deduction)(Accommodation) ($324.00)(Photocopying) ($44.45)(Taxi) |
| Main Category | Costs |
| Statutes | ERA s103(1)(a);ERA s103(1)(b) |
| Cases Cited | Health Waikato Ltd v Van der Sluis [1997] 1 ERNZ 236;Ogilvy & Mather v Darroch [1993] 2 ERNZ 943;PBO Limited (formerly Rush Security Limited) v de Cruz [2005] 1 ERNZ 808;Sefo v Sealord Shellfish Limited, unreported, Colgan J, 2 Jun 2008, CC 4b/08;The Chief Executive of the Department of Corrections v Tawhiwhirangi, unreported, Shaw J, 10 Mar 2008, WC 4A/08 |
| Number of Pages | 6 |
| PDF File Link: | ca 21_09.pdf [pdf 25 KB] |