| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 252 |
| Determination date | 10 June 2011 |
| Member | R Arthur |
| Representation | J Wareham (in person) ; S Tee |
| Location | Auckland |
| Parties | Wareham v Rooke t/a Casey Panelbeaters and Anor |
| Other Parties | Sigma Holdings Ltd t/a Casey Panelbeaters |
| Summary | COSTS – Successful personal grievance – Half day investigation meeting – Applicant claimed entitled to reasonable contribution to costs – Respondent noted Authority previously determined redundancy decision genuine and remedies limited to manner of dismissal – Authority noted applicant did not accept respondent’s Calderbank offer and greater than remedy awarded – Respondent claimed applicant’s failure to accept offer meant entitled to costs – Applicant claimed unable to provide costs evidence as representative unwell – Authority found more likely than not applicant aware of respondent’s offer when made – Found as remedy previously awarded by Authority less than respondent’s offer applicant disentitled to award of costs – Respondent sought $3,623 contribution towards costs – Authority noted applicant did not comply with timetable directions increasing respondent’s costs - Found $500 increase from usual tariff appropriate – Authority noted unfortunate net effect was applicant to receive $500 from respondent although incurred $2,629 expenses – Found consequence appropriate due to applicant’s rejection of respondent’s offer - Applicant to pay respondent $2,000 contribution towards costs |
| Result | Costs in favour of respondent ($2,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] ERNZ 601;Bluestar Print Group (NZ) Ltd v Mitchell (2010) 7 NZELR 494;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Wareham v Rooke T/A Casey PanelBeaters & Anor [2011] NZERA Auckland 191 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_252.pdf [pdf 22 KB] |