| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 70/10 |
| Determination date | 17 March 2010 |
| Member | P Montgomery |
| Representation | J Guthrie ; C Eggleston |
| Location | Christchurch |
| Parties | Bates v Aden Electrical Ltd |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought $8,000 contribution to total costs of just over $11,000 - Respondent asked Authority to consider two Calderbank offers - Applicant claimed first Calderbank offer made in context of respondent threatening to issue proceedings against applicant’s business partners and timeframe on second offer too restrictive - Applicant asked Authority to consider applicant’s ability to pay - Found costs to follow the event - Found award of $8,000 costs would be punitive and beyond applicant’s ability to pay within reasonable time - Found applicant’s suggestion of $2,000 costs would be insufficient given respondent’s earnest attempts to settle matter - Applicant to pay respondent $3,800 contribution to its reasonably incurred costs |
| Result | Costs in favour of respondent ($3,800) |
| Main Category | Costs |
| Cases Cited | Crook v Sovereign Services Ltd unreported, Shaw J, 19 Mar 2008, WC 6/08;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | ca 70_10.pdf [pdf 16 KB] |