| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 265A/10 |
| Determination date | 24 June 2010 |
| Member | R A Monaghan |
| Representation | S Hough ; R Upton |
| Location | Auckland |
| Parties | Nafoi v Complete First Aid Supplies Ltd |
| Summary | COSTS - Successful unjustified dismissal claim - Unsuccessful unjustified disadvantage claim - One day investigation meeting - Authority found 100 percent contributory conduct so no remedies award - Respondent sought $3,500 contribution to costs - Respondent asked for award at higher end of range because had made Calderbank offer - Applicant claimed successful in respect of respondent’s flawed dismissal procedure - Authority found Calderbank offer fair and reasonable - Found given degrees of success achieved by parties, but for Calderbank offer, would have found costs to lie where they fall for unjustified dismissal claim and small costs award in favour of respondent for unjustified disadvantage claim - However, because of Calderbank offer applicant to pay respondent $3,500 contribution to costs |
| Result | Costs in favour of respondent ($3,500) |
| 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: | aa 265a_10.pdf [pdf 15 KB] |