| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 145A/10 |
| Determination date | 23 August 2010 |
| Member | P Cheyne |
| Representation | N McFall (in person) ; T McKenzie |
| Location | Christchurch |
| Parties | McFall v Lyttelton Port Company Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $3,000 based on daily tariff rate plus full indemnity of $3,190 for costs flowing from applicant’s breach of settlement agreement – Applicant argued not aware settlement reached – Argued impecunious – Authority found regardless of what occurred between applicant and representative, no evidence to indicate representative not given authority to making binding settlement offer on applicant’s behalf – Found binding settlement agreement reached and additional costs incurred due to applicant’s breach – Found daily tariff rate should be reduced to $1,000 given applicant’s poor financial position – Found respondent should be fully indemnified $3,190 for additional costs incurred flowing from applicant’s breach – Applicant ordered to pay $4,190 reasonable contribution to costs in favour of respondent |
| Result | Costs in favour of respondent ($4,190) |
| Main Category | Costs |
| Statutes | Insolvency Act 2006 s343 |
| Number of Pages | 3 |
| PDF File Link: | ca 145a_10.pdf [pdf 12 KB] |