| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 125 |
| Determination date | 19 August 2011 |
| Member | P Cheyne |
| Representation | F McMillan ; E Butcher |
| Location | Christchurch |
| Parties | Graham v Bank of New Zealand |
| Summary | COSTS – Unsuccessful breach of contract claim and personal grievances – One and half day investigation meeting – Respondent sought contribution to costs plus disbursements for flights and accommodation for respondent’s Human Resource (“HR”) manager – Respondent made Calderbank offer – Respondent criticised wide ranging nature of applicant’s claims, sums sought by applicant and manner in which claims pursued – Authority found matter factually and legally complex with many issues for resolution – Found respondent subjected to greater burden of preparation for investigation meeting – Found appropriate to award costs on basis of two and half days investigation meeting – Found no reason to increase costs award based on respondent’s modest settlement offer – Found nothing improper in way applicant pursued claims – Applicant to pay $7,500 contribution to respondent’s costs – Found respondent entitled to $637 expenses for flights and accommodation for respondent’s HR manager |
| Result | Costs in favour of respondent ($7,500) ; Disbursements in favour of respondent ($637.64)(travel and accommodation) |
| Main Category | Costs |
| Cases Cited | Chief Executive of Department of Corrections v Tawhiwhirangi [2008] ERNZ 73;Johnson v Gilligan Business School Ltd unreported, Travis J, 3 April 2009, AC 14/09;PBO Ltd v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_125.pdf [pdf 15 KB] |