Holland v. NSK Services Pty Limited [2005] NSWIRComm 1154

Industrial Relations Commission of New South Wales

CITATION: Holland v. NSK Services Pty Limited [2005] NSWIRComm 1154

APPLICANT Mandy Holland PARTIES: RESPONDENT NSK Services Pty Limited

FILE NUMBER(S): 4456 of 2004

CORAM: Connor C

costs application - unreasonable failure to settle an unfair dismissal claim - application granted CATCHWORDS:

Industrial Relations Act 1996 LEGISLATION CITED:

HEARING DATES: 09/20/2005

DATE OF JUDGMENT: 09/23/2005

APPLICANT Michelle Walsh Turner Freeman Lawyers LEGAL REPRESENTATIVES:

RESPONDENT Charles Tsalidis

DECISION: INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES

CORAM: CONNOR C

Friday, 23 September, 2005

Matter No IRC 4456 of 2004

Mandy Holland and NSK Services Pty Limited

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

SUPPLEMENTARY DECISION

[2005] NSWIRComm 1154

1 An application has been made for costs on behalf of Mrs Mandy Holland whose services were terminated by NSK Services Pty Limited (also known as NSK Security Services) on Friday, 16 July, 2004 largely as a result of an alleged complaint made against her by a third party. Mrs Holland had lodged an application under Part 6, Unfair Dismissals, of Chapter 2, Employment [Ss.83 to 90] of the 1996 Industrial Relations Act which was the subject of arbitrated proceedings before me and my decision of Friday, 24 June, 2005. I determined that the termination of Mrs Holland's services to be unfair and I ordered NSK to pay to Mrs Holland the sum of $5,600.00.