| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 20/10 |
| Determination date | 19 January 2010 |
| Member | V Campbell |
| Representation | J Parlane ; C Speksnijder |
| Location | Auckland |
| Parties | Hartley v Gamma Partnership |
| Summary | COSTS - Successful personal grievance - Unsuccessful arrears of wages, breach of contract and good faith claims - Length of investigation meeting not specified - Applicant not awarded remedies due to contributory conduct - Found applicant entitled to contribution to costs in recognition successful in personal grievance claim instead - Found applicant’s refusal to discuss costs with respondent exemplified litigious and adversarial approach taken to claims - However, costs not to be used as punishment - Respondent made two Calderbank offers - Found in normal circumstances existence of Calderbank offer would preclude award of contribution to costs - However, applicant not awarded remedies on basis would receive contribution to costs - Found as equity and good conscience jurisdiction appropriate to award applicant costs - Found daily tariff approach appropriate - Taking into account applicant’s limited success and length of investigation meeting respondent to pay applicant $1,500 contribution to costs |
| Result | Costs in favour of applicant ($1,500) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 2 |
| PDF File Link: | aa 20_10.pdf [pdf 15 KB] |