| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 71 |
| Determination date | 04 May 2011 |
| Member | P R Stapp |
| Location | Wellington |
| Parties | Parkes v Squires Manufacturing Ltd |
| Summary | COSTS – Successful personal grievance – Unsuccessful penalty claim – One day investigation meeting – Applicant sought contribution to costs – Applicant claimed respondent’s Calderbank offer could not be taken into account as was for lesser amount than applicant awarded in Authority - Applicant requested greater than usual amount of costs because of unnecessary greater costs put to because of respondent maintaining unrealistic position - Respondent claimed costs should lie where they fall – Respondent claimed Employment Court (“EC”) had not made any judgment on interpretation of 90 day trial law at time respondent terminated applicant’s employment – Claimed applicant’s costs claim disproportionate to normal costs determinations in Authority – Respondent sought stay of costs pending outcome of challenge in EC - Authority rejected respondent’s application for stay – Found usual practice for Authority to close all relevant matters notwithstanding any challenge that may exist – Authority found applicant successful – Found Calderbank offer did not apply as remedies awarded more than offer to settle – Found no reason to depart from using notional daily rate – Respondent to pay applicant $3,000 contribution to costs |
| Result | Costs in favour of applicant ($3,000) ; Disbursements in favour of applicant ($70)(Filing fee) |
| Main Category | Costs |
| Cases Cited | Parkes v Squires Manufacturing Ltd & Anor [2011] NZERA Wellington 22;Smith v Stokes Valley Pharmacy (2009) Ltd [2010] ERNZ 253 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Wellington_71.pdf [pdf 14 KB] |