| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 90 |
| Determination date | 26 May 2011 |
| Member | D Asher |
| Representation | J Waugh ; P McBride |
| Location | Wellington |
| Parties | Hawtree v Spotless Services (NZ) Ltd |
| Summary | COSTS – Partially successful personal grievance - Less than half a day investigation meeting - Authority found applicant not entitled to retirement gratuity but had been unjustifiably disadvantaged - Applicant claimed as partially successful costs should follow the event and entitled to costs award – Respondent had made Calderbank offer for same amount applicant ultimately awarded in compensation – However, applicant claimed Authority should take into account non monetary factors such as Authority vindicating applicant’s position, which Calderbank offer did not address - Respondent claimed no basis for applicant to be awarded costs and sought full costs or substantial contribution to costs – Claimed successful in defending applicant’s substantive claims and made Calderbank offer – Claimed vindication not as significant factor in Calderbank offers as monetary amount – Claimed Court of Appeal had mandated ‘steely’ approach be taken to Calderbank offers, with significant costs being ordered where parties failed to recover more at hearing than were earlier offered – Authority found at core of problem was comparatively simple issue about whether agreement reached by applicant and manager that applicant would be paid retirement gratuity if retired – Found both parties had degree of success - Found was finely balanced case because Calderbank offer matched amount awarded to applicant – Found consistent with principles and Court of Appeal’s direction that courts take ‘steely’ approach to Calderbank offers that costs should lie where they fall |
| Result | Costs to lie where they fall |
| Main Category | Costs |
| Cases Cited | Bluestar Print Group (NZ) Ltd v Mitchell [2010] ERNZ 446;Hawtree v Spotless Services (NZ) Ltd [2011] NZERA Wellington 74;Mitchell v Blue Star Print Group (NZ) Ltd unreported, Shaw J, 19 Mar 2009, WC 2/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;T & L Harvey Ltd v Duncan [2010] NZEMPC 36 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Wellington_90.pdf [pdf 17 KB] |