| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | CA 171A/10 |
| Determination date | 26 October 2010 |
| Member | J Crichton |
| Representation | D Beck ; P Anderson |
| Location | Christchurch |
| Parties | Jamieson v McCarthy t/a Christchurch Tours |
| Summary | COSTS – Successful personal grievance – Less than half day investigation meeting – Applicant sought $4,282 indemnity costs – Respondent proposed $1,000 contribution to costs more appropriate – Applicant claimed indemnity costs on basis of poor behaviour by respondent in dealing with matter, applicant’s Calderbank offer and limited means – Authority found circumstances not extraordinary – Found respondent should not be punished in costs simply because handling of applicant’s employment relationship problem less than ideal – Found improper to penalise employer for simply defending personal grievance claim – Found no findings of bad faith – Found inappropriate to penalise respondent because chose to defend matter without counsel – Found Authority must preserve status as institution which parties can approach without counsel if they choose – Found appropriate to consider Calderbank offer – Both parties claimed financial stressed – Found unusual to depart from daily tariff approach to award full indemnity costs – $1,000 contribution to costs appropriate |
| Result | Costs in favour of applicant ($1,000) |
| Main Category | Costs |
| Cases Cited | Graham v Airways Corporation of New Zealand Ltd unreported, A Dumbleton, 28 Jan 2004, AA 39/04;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | ca 171a_10.pdf [pdf 19 KB] |