Restrictions OK
Jurisdiction Employment Relations Authority - Wellington
Reference No WA 155A/09
Determination date 24 December 2009
Member P R Stapp
Representation B Laracy ; E Briggs
Location Wellington
Parties Kaiwai v Fresh Connection Ltd
Summary COSTS - Unsuccessful personal grievance - Half day investigation meeting - Respondent sought $1,200 contribution to costs - Respondent not represented by counsel at investigation meeting but relied on preparation that incurred counsel’s costs - Respondent claimed tried to save costs by attending mediation and making Calderbank offer - Applicant claimed unable to pay contribution to costs due to financial hardship - Claimed if costs award made should be $750 - Found time allowed for Calderbank offer not reasonable - Authority decided not to take Calderbank offer into account - Authority accepted applicant faced financial difficulties but no information available that would be unable to pay contribution to costs in future - Authority decided in equity and good conscience adjustment to be made to daily tariff given length of investigation meeting and parties' attempts to save costs - Applicant to pay $750 contribution to respondent’s costs
Result Costs in favour of respondent ($750)
Main Category Costs
Cases Cited Kaiwai v Fresh Connection Ltd unreported, P R Stapp, 16 Oct 2009, WA 155/09
Number of Pages 3
PDF File Link: wa 155a_09.pdf [pdf 16 KB]