| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 341 |
| Determination date | 28 July 2011 |
| Member | E Robinson |
| Location | Auckland |
| Parties | Heyneke and Anor v Air New Zealand Ltd |
| Other Parties | Pereira |
| Summary | COSTS – Unsuccessful breach of good faith application – Two day investigation meeting – Respondent claimed made open proposal to applicant to resolve all matters between parties – Proposal lapsed by default – Respondent made further offer to settle including previous costs determination issued by Authority – Applicants filed appeal on Authority’s substantive determination in Employment Court – Respondent sought $9,000 contribution to costs – Authority found at time proposal made applicants aware of number and identity of witnesses to be called by respondent and two witnesses located outside New Zealand – Found applicants should have been aware of extensive preparation required to be undertaken by respondent and level of costs associated – Found respondent’s offer to settle reasonable – Found appropriate to increase daily tariff – $9,000 contribution to costs appropriate |
| Result | Costs in favour of respondent ($9,000)($4,500 payable by first applicant) ($4,500 payable by second applicant) |
| Main Category | Costs |
| Statutes | ERA s4;ERA Second Schedule c15;Fair Trading Act 1986 s12 |
| Cases Cited | Health Waikato Limited v Elmsley [2004] ERNZ 172;Heyneke and Anor v Air New Zealand Limited [2011] NZERA Auckland 253;NZ Automobile Association Inc v McKay [1996] 2 ERNZ 622;PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 3 |
| PDF File Link: | 2011_NZERA_Auckland_341.pdf [pdf 14 KB] |