| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 175 |
| Determination date | 29 April 2011 |
| Member | V Campbell |
| Representation | W Quin (in person) ; R Alchin |
| Location | Auckland |
| Parties | Quin v Trucking Relief (Waikato) Ltd |
| Summary | COSTS - Unsuccessful personal grievance – One day investigation meeting – Respondent sought $4,832 contribution to costs – Respondent noted made Calderbank offer to applicant including offer of reference and consideration of applicant for future positions – Authority noted letter also set out respondent’s view of litigation risk and why offer reasonable – Applicant did not respond to offer – Applicant claimed costs should lie where they fall – Authority noted as applicant self-represented costs at date of offer would have been negligible – Respondent failed to provide evidence of costs incurred – Applicant failed to provide evidence of ability to pay – Authority noted lack of information made assessment of what appropriate in all circumstances difficult – Not satisfied applicant unable to meet order for costs – Found respondent’s Calderbank offer reasonable and realistic approach should have been taken by applicant in assessing litigation risk – Applicant to pay respondent contribution towards costs |
| Result | Costs in favour of respondent ($3,000) |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Quin v Trucking Relief (Waikato) Ltd [2011] NZERA Auckland 3;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear (2006) 4 NZELR 59 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_175.pdf [pdf 17 KB] |