Rejecting a settlement offer left this employee owing over $6,000 in costs
On 14 September 2026, Authority Member Helen van Druten ordered an applicant to pay Portland Horticulture's costs over a rejected settlement offer.
The costs order follows a ruling on 18 June 2026, when the Employment Relations Authority rejected the applicant's claims against Portland Horticulture (2021) Limited and a second respondent. The Authority left costs open at the time, hoping the two sides would sort it out between themselves. They could not, and by late July 2026 both parties had filed formal costs submissions.
Portland Horticulture, through its lawyer, asked for $4,500 as a contribution to its costs for the one day investigation meeting held in Auckland in April 2026, plus a top up on that figure and $517.50 for translation costs. The company said the applicant's case had no proper basis, that he had turned down a genuine offer to settle, and that fighting the claims had cost far more than what it was asking for.
The applicant pushed back. He told the Authority he had acted in good faith, that his case was not frivolous given the Authority's own ruling had pointed to inconsistencies in Portland's advertising and communications that had created uncertainty for him, and that turning down a settlement offer does not automatically mean a costs increase. He also raised his limited financial circumstances, which the Authority accepted even without supporting paperwork.
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