| Restrictions | OK |
|---|---|
| Jurisdiction | Employment Relations Authority - Auckland |
| Reference No | [2011] NZERA Auckland 508 |
| Determination date | 30 November 2011 |
| Member | R Larmer |
| Representation | A Singh ; A Tiatia |
| Location | Auckland |
| Parties | Sigglekow v Waikato District Health Board |
| Summary | COSTS – Successful personal grievance – One day investigation meeting – Applicant sought $4,500 contribution to $8,950 total costs – Respondent claimed costs should lie where they fall as amount awarded to applicant did not exceed Calderbank offer – Respondent claimed in alternative that costs award should be reduced because both parties had degree of success, applicant’s cross examination unhelpful and matter not complex – Applicant claimed Calderbank offer too close to investigation date to be properly considered and had already incurred all legal costs except those associated with investigation itself – Authority found amount obtained by applicant almost same as that offered by respondent when adjustments made for tax – Found Calderbank offer did not disqualify applicant from costs award – Found reduction to daily tariff appropriate because applicant not wholly successful, respondent made reasonable Calderbank offer and applicant had sufficient time to consider Calderbank offer – Found applicant’s cross examination and lack of complex issues were not issues which warranted reduction to daily tariff – Respondent to pay $1,500 contribution to applicant’s costs |
| Result | Costs in favour of applicant ($1,500) ; Disbursements in favour of applicant ($71.56)(filing fee) |
| Main Category | Costs |
| Statutes | ERA Second Schedule cl15 |
| Cases Cited | PBO Ltd (formerly Rush Security Ltd) v Da Cruz [2005] ERNZ 808 |
| Number of Pages | 5 |
| PDF File Link: | 2011_NZERA_Auckland_508.pdf [pdf 21 KB] |