Cocksedge v. Centenary Hill Pre-School [2005] NSWIRComm 1076

Industrial Relations Commission of New South Wales

CITATION: Cocksedge v. Centenary Hill Pre-School [2005] NSWIRComm 1076

APPLICANT Vicki Cocksedge PARTIES: RESPONDENT Centenary Hill Pre-School

FILE NUMBER(S): 1567 of 2004

CORAM: Connor C

CATCHWORDS: costs application - unreasonable failure to settle and unfair dismissal claim - application dismissed

LEGISLATION CITED: Industrial Relations Act 1996

Luke v. Handicapped Children's Centre (unreported) CASES CITED: Wehner v. Chakra Holdings Pty Limited (unreported)

HEARING DATES: 05/17/2005; 06/03/2005

DATE OF JUDGMENT: 06/24/2005

APPLICANT Megan Cameron Turner Freeman Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Paul Matters Leo and Morrison Lawyers

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 24 June, 2005 Matter No IRC 1567 of 2004

Vicki Cocksedge and Centenary Hill Pre-School

Application for costs under S.181 of the Industrial Relations Act, 1996

SUPPLEMENTARY DECISION

[2005] NSWIRComm 1076

1 On Friday, 4 March, 2005 I handed down a decision on an application lodged pursuant to Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act by Ms Vicki Cocksedge who had been employed as a full-time child care worker with the Centenary Hill Pre-School under the terms of the Miscellaneous Workers Kindergartens and Child Care Centres (State) Award. Ms Cocksedge's employment was terminated on Friday, 20 February, 2004 after eight years of employment. In my decision I highlighted certain issues, viz: