| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 201 |
| Determination date | 13 May 2011 |
| Member | J Wilson |
| Representation | J McTavish Butler ; M Donovan |
| Location | Auckland |
| Parties | Kearney v Sales Dynamics Ltd and Anor |
| Other Parties | Mani |
| Summary | COSTS – Unsuccessful jurisdiction claim – Length of investigation meeting not specified - Second respondent claimed $8,000 contribution to costs appropriate as had made Calderbank offer to applicant and applicant’s claim unsuccessful – Applicant submitted Calderbank offer made less than hour and half before investigation meeting and offer’s conditions unreasonable – Applicant noted also made counter offer before investigation meeting but no settlement reached – Authority noted second respondent avoided any personal liability as not applicant’s employer – Noted respondent’s Calderbank offer made extremely late and conditions included transfer of funds conditional on sale of property and respondents to receive sales commissions – Found respondents unreasonably expected applicant to accept offer without modification – Noted second respondent breached orders and breached undertakings given to Authority – Found second respondent’s behaviour substantially increased time and costs of all parties – Noted applicant had already suffered substantial loss and unable to claim because of employer’s liquidation – Found inequitable for applicant to make contribution to second respondent’s costs |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell (2010) 7 NZELR 494;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_201.pdf [pdf 13 KB] |