| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 347 |
| Determination date | 04 August 2011 |
| Member | A Dumbleton |
| Representation | H White ; A Shirnack |
| Location | Auckland |
| Parties | May v Armourguard Security Ltd |
| Summary | COSTS – Unsuccessful personal grievance – Length of investigation meeting not specified – Respondent sought $11,500 contribution to costs – Applicant claimed costs should lie where they fall – Respondent made Calderbank offer – Applicant claimed Calderbank offer unclear – Applicant claimed order for costs would cause significant hardship as no longer employed, unlikely to work again and dependant for income solely on national superannuation – Applicant provided Statement of Financial Position – Authority found little significance in fact applicant genuinely considered termination to be breach of contract – Found significant applicant had expressly agreed with respondent at formation that employment relationship one of independent contractor and nothing in employment agreement would constitute any other relationship – Found applicant acted unreasonably in rejecting Calderbank offer – Found Statement of Financial Position left number of questions unanswered but applicant likely to have difficulty meeting ordinary award of costs – Found case legally and factually complicated – Applicant to pay $4,250 contribution to respondent’s costs |
| Result | Costs in favour of respondent ($4,250) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | May v Armourguard Security Ltd [2011] NZERA Auckland 208;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Auckland_347.pdf [pdf 19 KB] |