| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 435 |
| Determination date | 06 October 2011 |
| Member | E Robinson |
| Location | Auckland |
| Parties | Ross v Air New Zealand Ltd |
| Summary | COSTS – Unsuccessful personal grievance – One day investigation meeting – Respondent sought contribution to costs above normal daily tariff rate – Respondent claimed made reasonable and timely offers to settle proceedings – Respondent claimed applicant made late change of representation and additional telephone conferences subsequently necessitated – Respondent claimed significant amount of evidence and supporting documentation required – Applicant claimed no reason to depart from normal daily tariff because costs not to be used as punishment – Authority found no reason to depart from normal levels of awards made on basis of preparation time undertaken by respondent, for participation in telephone conferences, or preparation of costs submissions – Found actions part of normal process – Found applicant should not reasonably be held responsible for late change in representation – Found daily tariff rate should be increased because applicant rejected Calderbank offers, offers put applicant on notice that increased daily tariff rate would be sought and applicant wholly unsuccessful in claim – $4,000 contribution to costs appropriate |
| Result | Costs in favour of respondent ($4,000) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | Aoraki Corporation Ltd v McGavin [1998] ERNZ 601;Calderbank v Calderbank [1976] Fam 93;Health Waikato Limited v Elmsly [2004] ERNZ 172;NZ Automobile Association Inc v McKay [1996] 2 ERNZ 622;PBO Limited (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808;Victoria University of Wellington v Alton-Lee [2001] ERNZ 305 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_435.pdf [pdf 26 KB] |