| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | WA 128A/10 |
| Determination date | 22 September 2010 |
| Member | D Asher |
| Representation | G Selman ; G Tayler |
| Location | Wellington |
| Parties | McColl v Disability Training Services Hawkes Bay Trust Board |
| Summary | COSTS - Unsuccessful personal grievance - Length of investigation meeting not specified - Respondent sought $4,000 contribution to total costs of $10,049 - Respondent noted all applicant’s claims dismissed - Claimed made Calderbank offer before any recoverable costs incurred - Claimed made email offer immediately following investigation meeting and before incurred costs of preparing extensive submissions - Applicant claimed Calderbank offer not substantial or representative of hurt and humiliation suffered and not acceptable - Claimed email offer was token offer and not acceptable - Claimed unemployed solo mother with no ability to pay - Applicant’s advocate confirmed forgiven applicant all costs and disbursements - Authority found costs to follow the event - Found applicant must have been aware would be required to contribute to respondent’s costs if unsuccessful - Found respondent’s offers were, at time and on their face, fair and realistic - Found no evidence provided to show applicant’s inability to pay - Found in all circumstances applicant to pay respondent $2,000 contribution to costs - Authority confident parties could reach agreement, if necessary, on suitable repayment regime |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Cases Cited | McColl v Disability Training Services Hawkes Bay Trust Board unreported, D Asher, 26 Jul 2010, WA 128/10;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] 1 ERNZ 808 |
| Number of Pages | 4 |
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