| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 168A/10 |
| Determination date | 27 July 2010 |
| Member | Y S Oldfield |
| Representation | L Yukich ; R Gibson |
| Location | Auckland |
| Parties | Lewis v City Care Ltd |
| Summary | COSTS – Successful personal grievance – However, reinstatement declined and remedies reduced due to high contributory conduct – One day investigation meeting – Applicant sought $3,500 contribution to costs – Earlier Calderbank offer rejected by applicant – Applicant argued Calderbank offer should not be considered because did not address matter of vindication and less than sum awarded by Authority before discounting contribution – Respondent argued relevant sum what was awarded not sum before deduction made for contribution – Argued applicant not vindicated in matter because high level of contributory conduct acknowledged seriousness of applicant’s conduct – Authority accepted respondent’s arguments – Found existence of Calderbank offer in case reversed usual practice that costs follow event – Respondent argued substantial contribution to costs warranted – Authority ordered applicant to pay respondent $3,000 contribution to costs |
| Result | Costs in favour of respondent ($3,000.00) |
| Main Category | Costs |
| Cases Cited | Waugh v Commissioner of Police [2004] 1 ERNZ 450 |
| Number of Pages | 3 |
| PDF File Link: | aa 168a_10.pdf [pdf 16 KB] |