| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Christchurch |
| Reference No | [2011] NZERA Christchurch 148 |
| Hearing date | 12 May 2011 |
| Determination date | 05 October 2011 |
| Member | H Doyle |
| Representation | Dr M Round ; S Leftley |
| Location | Christchurch |
| Parties | Baynes Radius Residential Care Ltd |
| Summary | COSTS – Successful raising personal grievance claim and unsuccessful personal grievance – Less than one day investigation meeting – Respondent sought contribution to $4,112 total costs – Applicant claimed costs for preliminary issue were $4,025 and conduct of respondent meant high costs award appropriate – Applicant claimed costs should lie where they fall in relation to substantive matter – Applicant claimed had Authority heard from particular witness determination would have been in applicant’s favour – Authority found submission not persuasive – Applicant claimed Calderbank offer only open for very short time – Found respondent’s conduct did not increase costs – Found applicant should not bear respondent’s travel costs – Found minor adjustment downward to notional daily tariff appropriate due to applicant’s success in preliminary matter – Found attempts to resolve matter not taken into account in awarding costs – Found timeframe to consider Calderbank offer too short - $1,700 contribution to costs appropriate |
| Result | Costs in favour of respondent |
| Main Category | Costs |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 4 |
| PDF File Link: | 2011_NZERA_Christchurch_148.pdf [pdf 17 KB] |