| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 55 |
| Determination date | 27 April 2011 |
| Member | H Doyle |
| Representation | T Bamford ; P Chemis, G Service |
| Location | Christchurch |
| Parties | McDonald v Ontrack Infrastructure Ltd and Anor |
| Other Parties | Allied Workforce Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Costs determination delayed until challenge heard in Employment Court - Applicant failed to make cost submissions following hearing – First respondent noted applicant unsuccessful and applicant declined first respondent’s substantial settlement offer – Sought $8,000 contribution to costs plus disbursements – Second respondent noted made applicant Calderbank offer of compensation, contribution towards legal costs and casual employment – Second respondent submitted incurred significant costs - Noted triangular employment matter was test case - Sought $8,000 contribution to costs – Authority noted difficulty with Calderbank offer as applicant wanted reinstatement to position with first respondent, not second respondent and was test case – Found test case nature not outweighed by other elements – Authority satisfied costs to lie where they fall - Applicant to pay disbursements incurred by first and second respondents |
| Result | Costs to lie where they fall ; Disbursements in favour of first respondent ($788)(Flights) ; Disbursements in favour of second respondent ($1,393)(Flights) ($36.90)(Courier charges) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Air New Zealand Ltd v V unreported, Colgan CJ, Couch J, Travis J, 21 July 2009, AC 15A/09;Bluestar Print Group (NZ) Ltd v David Mitchell (2010) 7 NZELR 494;Bluestar Print Group (NZ) Ltd v David Mitchell unreported, Shaw J, 19 March 2009, WC 2/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Christchurch_55.pdf [pdf 23 KB] |