| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 102A/10 |
| Determination date | 22 September 2010 |
| Member | P Cheyne |
| Representation | A Sharma ; M Kirk |
| Location | Christchurch |
| Parties | O'Connor v Anchor Press Ltd |
| Summary | COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought two thirds contribution to total costs of $16,748 – Respondent claimed applicant failed to accept Calderbank offers – Respondent argued applicant’s claims tenuous and arguments irrelevant and unnecessary – Applicant sought costs to lie where they fall because of financial circumstances – Parties unable to reach agreement about settlement – Authority found applicant’s financial situation dire – Found award based on daily tariff impossible for applicant to meet without causing substantial hardship – Found public interest in ensuring litigants realise consequences follow from unsuccessful pursuit of personal grievance – Found $1,500 contribution to costs appropriate – Arrangements could be made for payment over time |
| Result | Costs in favour of respondent ($1,500) ; Costs reserved |
| Main Category | Costs |
| Statutes | Employment Court Regulations 2000 r68 |
| Cases Cited | Alan v Ogilvy Wellington Ltd unreported, J Crichton, 24 April 2009, WA 50/09;Heffernan v the Estate of PD Heffernan unreported, P Cheyne, 23 June 2006, CA 59A/06;Lloyd-Barker v The Society for the Prevention of Cruelty to Animals Auckland Incorporated unreported, K Anderson, 26 May 2010, AA 12A/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Shanks v Agar t/a Rod Agar & Co [1996] 2 ERNZ 578 |
| Number of Pages | 5 |
| PDF File Link: | ca 102a_10.pdf [pdf 22 KB] |