Nola Maree Trickett v Jeeds Pty ltd trading as Alma Village Supermarket [1994] IRCA 102

C A T C H W O R D S

INDUSTRIAL LAW - Termination of Employment - Complaint of unlawful termination in contravention of Part VIA of the Industrial Relations Act - allegation that employee resigned - whether resignation or termination - recourse to documentary evidence when conflict of oral testimony

Practice and Procedure - Costs - Costs against Third Parties - Costs against legal practitioners - Respondent not ready to proceed on hearing date due to failure of practitioners - matter adjourned - Practitioners ordered to pay costs thrown away.

Industrial Relations Act 1988, ss.170DC, 170DE, 170EA, 170EE, 347

CASES: Canceri -v- Taylor (unreported, Moore J. 11 August 1994) Nicholson -v- Heaven & Earth Gallery Pty Limited, (unreported, Wilcox CJ., 20 September 1994).

NOLA MAREE TRICKETT -v- JEEDS PTY LTD trading as ALMA VILLAGE SUPERMARKET

No. VI814 OF 1994

Judicial Registrar: M. D. Murphy Place: Melbourne Date: 26 October 1994

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI814 of 1994

BETWEEN:

NOLA MAREE TRICKETT Applicant

AND

JEEDS PTY LTD trading as ALMA VILLAGE SUPERMARKET Respondent

MINUTES OF ORDER

26 October 1994 Judicial Registrar M. D. Murphy

The court orders that:

1. the Respondent pay to the Applicant the sum of $5,844.00.

2. such payment to be made within 21 days of the date of this order;

3. Messrs Milder Elfman Szmerling Krycer Pty, the solicitors for the Respondent, pay the Applicant's costs thrown away by reason of the adjournment of this matter on 20 October 1994.

NOTE: Settlement and entry of orders is dealt with by Order 36 of the Industrial Relations Court Rules.

INDUSTRIAL RELATIONS COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY

VI814 of 1994

BETWEEN:

NOLA MAREE TRICKETT Applicant