| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 389 |
| Determination date | 09 September 2011 |
| Member | K J Anderson |
| Representation | L Hemi ; D Sharp |
| Location | Auckland |
| Parties | Skudder v Arai Matawai Inc |
| Summary | COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $6,000 contribution to $15,220 total costs – Respondent claimed any award of costs should be in respondent’s favour – Respondent made two Calderbank offers – Applicant claimed first Calderbank offer inadmissible under s148(3) Employment Relations Act 2000 (“ERA”) – Authority found no point analysing case under s148(3) ERA because of absence of material evidence relating to circumstances surrounding first Calderbank offer and fact applicant rejected offer – Found second Calderbank offer could not be taken into account as applicant made more from Authority determination – Found considerable amount of preparation involved warranted increased tariff – Found applicant’s claim for award for preparation of costs submissions could not be accepted as unnecessary to provide comprehensive submissions – However, found given Calderbank issues raised award appropriate – Respondent to pay $4,500 contribution to applicant’s costs |
| Result | Costs in favour of applicant ($4,500) |
| Main Category | Costs |
| Statutes | ERA s148;ERA s148(1);ERA s148(3);ERA s148(6)(a) |
| Cases Cited | Calderbank v Calderbank [1975] 3 All ER 333;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Skudder v Arai Matawai Inc [2011] NZERA Auckland 128 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Auckland_389.pdf [pdf 16 KB] |