Recent Employment Law Case
A recent Employment Court judgment (Gates v Air New Zealand Limited [2010] NZEMPC 26) should stand as a warning to potential litigants in the employment domain.
Linda Gates, an accounts department worker for Air New Zealand was made redundant and took a personal grievance claim to the Employment Relations Authority where she was unsuccessful.
Ms Gates then challenged the determination in the Employment Court as a litigant in person (someone who is engaged in litigation without legal representation) for four of the five years of the court proceedings.
The main hearing took three and a half days with the remainder of the five year period being tied up with frequent interlocutory procedures, court and chamber hearings (mostly at the request of Ms Gates).
Before the parties had begun preparing for the main hearing Air New Zealand made an offer to Ms Gates of $30,000 on a “without prejudice except as to costs basis”. The offer was rejected.
Ms Gates’ case was not only unsuccessful in the Employment Court but she was also ordered to pay $65,000 in costs to Air New Zealand.
This case highlights the need for efficiency in court cases and the significance of “without prejudice except as to costs basis” offers. Litigants should always be mindful that “having a go” against a former employer can lead to an award of costs against them in certain circumstances.
If you would like to discuss this or any other employment matter please feel free to contact us.