| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 87 |
| Determination date | 26 May 2011 |
| Member | G J Wood |
| Representation | P Cullen ; P Taylor |
| Location | Wellington |
| Parties | Wood v Board of Trustees of Woodford House School |
| Summary | COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought $12,000 contribution to costs – Respondent noted made applicant $10,000 Calderbank offer including reference – Noted applicant provided documents late and attempted to introduce medical documents after investigation meeting – Applicant claimed should not have to pay advocate’s costs and introduction of medical report irrelevant to costs – Claimed Calderbank offer did not address issues fully and notional daily tariff appropriate – Authority found expenses claimed by respondent were usual business costs and should not be reimbursed by Authority – Found respondent’s offer should be taken into account as part of overall circumstances – Noted if applicant had accepted respondent’s offer would have covered applicant’s costs, rather than having to meet respondent’s, and would not have put both parties to significant additional expense – Found applicant’s request to produce medical information counter-productive – Found daily tariff amount should be increased taking into account respondent’s offer and increased by further $500 for attempt to introduce medical evidence – Respondent to pay applicant contribution to costs |
| Result | Costs in favour of respondent ($5,500) |
| Main Category | Costs |
| Cases Cited | Gates v Air New Zealand Ltd [2010] NZEMPC 26 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Wellington_87.pdf [pdf 11 KB] |