| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 307 |
| Determination date | 14 July 2011 |
| Member | K J Anderson |
| Representation | D Jacobson ; M Beech, S Grice |
| Location | Auckland |
| Parties | Tod v Satara Co-operative Group Ltd |
| Summary | COSTS – Successful personal grievance – Two day investigation meeting – Applicant sought 80-100 percent contribution to $16,629 total costs – Respondent claimed costs should lie where they fall – Respondent alternatively claimed $2,500 appropriate award – Applicant claimed rejected counter Calderbank offer relevant – Applicant claimed respondent extended costs of investigation by raising unmeritorious challenges to admissibility of evidence, unreasonable submissions regarding applicant’s entitlements and adopting methods that extended time of investigation – Respondent claimed costs award should take into account applicant’s unsuccessful claims, claims not pursued at investigation and applicant’s actions that unnecessarily extended investigation – Respondent claimed Calderbank offer only marginally less than remedies awarded and if accepted costs incurred by investigation would have been avoided – Respondent claimed indemnity costs award would be punitive – Respondent claimed second day of investigation was partial day – Authority found second day of investigation not so much shorter that lesser period than two days appropriate for calculation – Found particular weight to be given to applicant’s counter Calderbank offer – Found not fair and equitable for applicant to receive more in costs than for personal grievance – Respondent to pay $10,000 contribution to respondent’s costs |
| Result | Costs in favour of applicant ($10,000) ; Disbursements in favour of applicant ($200)(disbursements plus filing fee) |
| Main Category | Costs |
| Statutes | ERA s124 |
| Cases Cited | Calderbank v Calderbank [1975] 2 All ER 333;Chief Executive of the Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;Hayward and Anor v Tairawhiti Polytechnic and Anor unreported, Travis J, 22 Dec 2005, AC 43A/05;Health Waikato Ltd v Elmsly [2004] ERNZ 172;Jaques v Annandale Logistics Ltd [2011] NZERA Auckland 207;Jenkinson v Oceana Gold (NZ) Ltd [2011] ENZEMPC 2;Johnson v Gilligan Business School Ltd unreported, Travis J, 3 Apr 2009, AC 14/09;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Tod v Satara Co-Operative Group Ltd [2011] NZERA Auckland 38;Watson v New Zealand Electrical Traders Ltd t/a Bray Switchgear (2006) 4 NZELR 59 |
| Number of Pages | 7 |
| PDF File Link: | 2011_NZERA_Auckland_307.pdf [pdf 24 KB] |