| Summary |
COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $5,000 contribution to $22,624 total costs – Respondent counterclaimed $2,500 contribution to costs in reliance on Calderbank offer made to applicant – Applicant rejected Calderbank offer and counter-offered greater sum – Authority found original Calderbank offer made in ample time for applicant to consider offer prior to investigation meeting – Found applicant raised multiple claims which required investigation by Authority and most were unsuccessful – Respondent claimed incurred $14,400 costs after applicant rejected Calderbank offer – Respondent claimed applicant not successful in majority of complaints, unjustified dismissal finding arose from respondent acting upon erroneous legal advice, applicant raised serious allegations which necessitated applicant incurring costs in defending them, applicant had no genuine grounds for claiming reinstatement, and applicant’s conduct unreasonable and increased costs – Applicant claimed Calderbank offer unacceptable because case of high importance to applicant, applicant successful in personal grievance claim, counter-offer reasonable, and applicant acted reasonably in all respects – Found applicant successful on principle claim – Found Calderbank offer was genuine attempt to resolve matter – Found respondent incurred significant costs following Calderbank offer – Found applicant’s conduct increased costs unnecessarily – Found applicant had unrealistic expectations of recovery – $3,000 contribution to costs appropriate |