Restrictions OK
Jurisdiction Employment Relations Authority - Christchurch
Reference No CA 90/10
Determination date 15 April 2010
Member J Crichton
Representation D Beck ; P Shaw
Location Christchurch
Parties Callaghan v Taege Manufacturing Ltd
Summary COSTS - Successful personal grievance - Half a day investigation meeting - Applicant sought indemnity costs of $3,488 - Applicant claimed respondent consistently failed to deal with personal grievance, lodged Calderbank offer less than Authority award, and applicant of modest means and if required to meet costs of brining proceedings would render compensation award effectively nugatory - Respondent claimed costs to be dealt with on general principles and no basis for indemnity costs - Claimed costs should lie where they fall - Claimed behaviour not egregious, breaches slight, and attempted to reasonably conclude matter with applicant - Authority found applicant’s costs reasonable but included costs for mediation - Found Authority practice not to award costs occasioned by mediation attendances - Found no reason for costs not to follow the event - Found not appropriate for respondent to pay nothing towards costs of successful party - Found however, applicant contributed to costs incurred by failing to accept reasonable settlement proposal advanced at very early stage - Respondent to pay $1,000 contribution to applicant’s costs
Result Costs in favour of applicant ($1,000)
Main Category Costs
Cases Cited PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808
Number of Pages 4
PDF File Link: ca 90_10.pdf [pdf 20 KB]