| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 52/10 |
| Determination date | 08 February 2010 |
| Member | M Urlich |
| Representation | M Bradley ; J Phipps |
| Location | Auckland |
| Parties | Scragg v McAlpine Hussman Ltd |
| Summary | COSTS - Successful personal grievance - Length of investigation meeting not specified - Applicant sought contribution of between $2,000 and $3,000 to total costs of $3,257 - Claimed Authority found in applicant’s favour - Awards made in his favour negated effect of respondent’s Calderbank offer - Claimed reasonably rejected Calderbank offer at time because understood claim for lost wages stood as had not had confirmation from ACC of earnings related compensation - Claimed Calderbank offer did not address personal element of vindication at heart of grievance - Respondent claimed costs award should be made in their favour - Claimed valid Calderbank offer made that exceeded amount applicant awarded - Claimed at time offer made applicant knew or ought to have known entitled to backdated earnings related compensation so that claim for lost wages could not succeed - Claimed applicant’s primary motivation was monetary compensation - Found Calderbank offer valid and to be taken into account in costs assessment - Found if applicant had accepted offer would have been better off - Found at time Calderbank offer made was certain applicant would receive earnings related compensation and applicant would have known that - Found Calderbank offer did not address applicant’s desire for clarification of reasons for dismissal - Found challenge to frustration of contract argument important element of matter for applicant - Found appropriate for costs to lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | Mitchell v Blue Star Print Group (NZ) Ltd unreported, Shaw J, 19 Mar 2009, WC 2/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808;Scragg v McAlpine Hussman Ltd unreported, M Urlich, 9 Dec 2009, AA 440/09 |
| Number of Pages | 3 |
| PDF File Link: | aa 52_10.pdf [pdf 23 KB] |