| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 143/10 |
| Determination date | 26 March 2010 |
| Member | K J Anderson |
| Representation | K Nicolson ; S Langton |
| Location | Auckland |
| Parties | Burns v Media Design School Ltd |
| Summary | PRACTICE AND PROCEDURE - COSTS – Unsuccessful interim reinstatement – Partially successful personal grievance – Unsuccessful counterclaim - Length of investigation meeting not specified – Parties agreed to stay enforcement of personal grievance determination until costs resolved – Respondent sought $22,500 contribution to costs plus disbursements – Respondent claimed Calderbank offer made – Claimed higher than usual notional tariff rate appropriate for interim matter and substantive investigation – Applicant sought $7,350 contribution to costs for partially successful personal grievance – Claimed Calderbank offer not relevant as applicant not aware of offer until date for acceptance expired – Claimed alternatively, costs to lie where they fall as applicant impecunious – Authority found respondent more successful overall – Found Calderbank offer not relevant – Found, however, applicant impecunious therefore “practical” solution needed – Found $5,000 contribution to costs in favour of applicant – Found costs award to be offset against applicant’s $5,000 compensation award – Costs in favour of applicant |
| Result | Application granted ; Costs in favour of applicant ($5,000) |
| Main Category | Costs |
| Cases Cited | Burns v Media Design School Ltd unreported, K Anderson, 2 Nov 2009, AA 185A/09;Burns v Media Design School Ltd unreported, R A Monaghan, 15 Jun 2009, AA 185/09 |
| Number of Pages | 4 |
| PDF File Link: | aa 143_10.pdf [pdf 16 KB] |