| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 7A/09 |
| Determination date | 30 April 2009 |
| Member | H Doyle |
| Representation | M Henderson ; M Mulholland |
| Location | Christchurch |
| Parties | Russell v First Security Guard Services Ltd |
| Summary | COSTS – Successful unjustified disadvantage grievance – Unsuccessful unjustified dismissal grievance – Unsuccessful counterclaim - One day investigation meeting – Applicant claimed costs should follow the event, taking into account Calderbank offer – Applicant further claimed respondent’s unsuccessful counterclaim increased costs and alleged matters pertaining to applicant’s integrity and honesty - Respondent claimed contribution to costs should not exceed $1,500 – Claimed size and financial ability of respondent not be considered – Claimed applicant’s grievance only partially successful – Authority found valid Calderbank offer and costs to follow the event – Applicant partially successful – Full investigation meeting with eight witnesses – No legal complexity – Decline of Calderbank offer caused additional costs – Counterclaim incurred additional costs – Found reasonable contribution of $4,000 and disbursements of $149 appropriate – Costs in favour of applicant |
| Result | Costs in favour of applicant ($4,000) ; Disbursements in favour of applicant ($149.65) |
| Main Category | Costs |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808;Sanson v Parval Marketing Ltd & Ors, unreported, Asher J, 7 Jul 2008, CIV-2006-404-7231 (HC);Sefo v Sealord Shellfish Ltd, unreported, Colgan CJ, 4 Jun 2008, CC4B/08;The Chief Executive of the Department of Corrections v Tawhiwhirangi, [2008] ERNZ 49 |
| Number of Pages | 5 |
| PDF File Link: | ca 7a_09.pdf [pdf 22 KB] |