| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | AA 478A/10 |
| Determination date | 20 December 2010 |
| Member | R Larmer |
| Representation | L Fremaux ; I Davidson |
| Location | Auckland |
| Parties | Autagavaia v Tinytown Learning Centres Ltd |
| Summary | COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $9,493 contribution to $11,333 total costs – Applicant offered to settle personal grievance – Respondent claimed Authority should not give effect to offer because respondent did not unreasonably refuse to settle – Authority found no factors to warrant downward adjustment of daily tariff rate – Found daily tariff rate to be adjusted upwards to reflect applicant’s settlement offer – Found respondent’s refusal to settle put both parties to considerable time and expense - $5,750 contribution to costs appropriate |
| Result | Costs in favour of applicant ($5,750) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd v Da Cruz [2005] ERNZ 808;Johnson v Gilligan Business School unreported, Travis J, 3 April 2009, AC 14/09 |
| Number of Pages | 3 |
| PDF File Link: | aa 478a_10.pdf [pdf 14 KB] |