Restrictions OK
Jurisdiction Employment Relations Authority - Auckland
Reference No [2011] NZERA Auckland 41
Determination date 01 February 2011
Member K J Anderson
Representation J Watson ; S Langton, R Tomkinson
Location Auckland
Parties Charlesworth v Tourism Holdings Ltd t/a C I Munro
Summary COSTS – Unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought $15,500 contribution to $31,054 total costs – Respondent claimed higher contribution warranted because applicant rejected Calderbank offer – Respondent claimed incurred considerable and unnecessary costs due to applicant’s rejection of Calderbank offer – Applicant claimed costs should lie whether they fall as respondent rejected counter Calderbank offer – Applicant claimed poor financial circumstances – Authority found credible Calderbank offer made – Found costs considerably in excess of daily tariff appropriate if not for applicant’s financial circumstances - $3,000 costs appropriate
Result Costs in favour of respondent ($3,000)
Main Category Costs
Cases Cited Cathy Johnson v Gilligan Business School Limited unreported, Travis J, 3 April 2009, AC 14/09;Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;PBO Limited (formerly Rush Security Limited) v Da Cruz [2005] ERNZ 808
Number of Pages 3
PDF File Link: 2011_NZERA_Auckland_41.pdf [pdf 18 KB]