| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 56/10 |
| Determination date | 09 March 2010 |
| Member | H Doyle |
| Representation | A Sharma ; J Bonifant |
| Location | Christchurch |
| Parties | Simpson v Tasman Glass Ltd |
| Summary | COSTS - Successful personal grievance - One day investigation meeting - Applicant sought full costs of $7,500 or significant contribution to costs - Applicant claimed made offer in nature of Calderbank offer - Claimed respondent’s failure to pay holiday pay caused additional costs to be incurred in pursuing matter in Authority - Claimed respondent’s case and argument lacked substantive basis and respondent should have considered settling - Respondent claimed matter not complex and costs award should be at lower end of tariff approach being in the order of $3,000 - Claimed last settlement offer made one month before investigation meeting when file largely completed - Claimed as matter largely one of credibility and respondent entitled to have evidence tested - Found not matter were full costs award warranted - Authority accepted additional matters including holiday pay added to time taken to determine matter - Found matter not altogether straightforward and issues were significant and was some complexity in facts that went to credibility - Found appropriate daily tariff was $3,000 with upwards adjustment of $1,000 to reflect significant range of matters in case and full submissions required - Respondent to pay $4,000 contribution to applicant’s 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 |
| Number of Pages | 3 |
| PDF File Link: | ca 56_10.pdf [pdf 12 KB] |