| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 172A/09 |
| Determination date | 22 December 2009 |
| Member | D Asher |
| Representation | J Greville ; D McLeod |
| Location | Wellington |
| Parties | Rochfort v MVT Services Ltd and Anor |
| Other Parties | Tobin |
| Summary | COSTS - Successful personal grievance - Less than one day investigation meeting - Applicant claimed made Calderbank offer - Calderbank offer was for less than awards in Authority - Claimed Authority did not need to rely on proof of actual costs as did not award costs on that basis - Respondent claimed applicant had not provided detailed copy of costs incurred to allow Authority to assess reasonableness - Claimed investigation meeting lasted less than allotted time and second respondent helpful - Claimed costs at lower end of usual range warranted - Authority found not Calderbank offer situation as applicant successful - Costs not to punish losing party - Penalties awarded in substantive investigation meeting - Costs to follow the event - Authority did not accept applicant incurred additional costs due to intended number of witnesses second respondent intended to call - Respondents to pay $4,000 contribution to respondent’s reasonably incurred costs |
| Result | Costs in favour of applicant ($4,000) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Rochfort v MVT Services Ltd & Anor unreported, D Asher, 5 Nov 2009, WA 172/09 |
| Number of Pages | 3 |
| PDF File Link: | wa 172a_09.pdf [pdf 15 KB] |