| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Wellington |
| Reference No | [2011] NZERA Wellington 141 |
| Determination date | 12 September 2011 |
| Member | P R Stapp |
| Representation | P McBride ; A Knowsley |
| Location | Wellington |
| Parties | Masoe v Te Roopu Awhina Ki Porirua Trust |
| Summary | COSTS – Successful personal grievance and damages claim – Two day investigation meeting – Applicant sought contribution towards costs “approaching full amount incurred” due to substantial preparation and cultural and language issues – Respondent claimed entitled to costs or costs should lie where they fall as applicant not successful in all claims and made Calderbank offer - Respondent offered applicant $8,000 Calderbank offer but offer lower than sum previously awarded by Authority – Authority found Calderbank letter irrelevant to claim as failed to address costs, public vindication matters or separate cause of action about disciplinary process – Found costs subject of current application occurred after applicant’s reinstatement, interim injunction and Calderbank offer – Found respondent’s actions incurred unnecessary costs for applicant and could have been avoided – Found higher tariff of $5,000 per day, $5,000 contribution towards preparation costs and $3,000 contribution towards damages claim appropriate – Respondent to pay applicant $18,000 contribution towards costs |
| Result | Costs in favour of applicant ($18,000) ; Disbursements in favour of respondent ($111.85)(filing fee, photocopying and courier costs) |
| Main Category | Costs |
| Cases Cited | Masoe v Te Roopu Awhina Ki Porirua Trust unreported, P Stapp, 10 December 2009, WA 157A/09;Masoe v Te Roopu Awhina Ki Porirua Trust unreported, P Stapp, 22 April 2010, WA 74/10;Masoe v Te Roopu Awhina Ki Porirua Trust [2011] NZERA Wellington 16;PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 6 |
| PDF File Link: | 2011_NZERA_Wellington_141.pdf [pdf 18 KB] |