IGA Distribution Pty Limited and Moses (No 3) [2003] NSWIRComm 230

Industrial Relations Commission of New South Wales

CITATION : IGA Distribution Pty Limited and Moses (No 3) [2003] NSWIRComm 230 APPELLANT: IGA Distribution Pty Limited PARTIES : RESPONDENT: Michael Joseph Moses FILE NUMBER: IRC 6002 of 2001 CORAM: Wright J President; Walton J Vice-President; Redman C Practice and Procedure - Costs - Appeal - Unfair dismissal - Appellant unsuccessful in unfair dismissal appeal - Leave to appeal granted in part - Application dismissed - Consideration of complex and unique circumstances - Whether costs order be made in favour of successful respondent employee - Indemnity costs - Application for indemnity costs declined - Order for costs otherwise made

Costs - Appeal - Unfair dismissal - Appellant unsuccessful in unfair dismissal appeal - Leave to appeal granted in part - Application dismissed - Consideration of complex and unique circumstances - Whether costs order be made in favour of successful respondent employee - Indemnity costs - Application for indemnity costs declined - Order for costs otherwise made CATCHWORDS : Appeal - Costs - Unfair dismissal - Appellant unsuccessful in unfair dismissal appeal - Leave to appeal granted in part - Application dismissed - Consideration of complex and unique circumstances - Whether costs order be made in favour of successful respondent employee - Indemnity costs - Application for indemnity costs declined - Order for costs otherwise made

Unfair dismissal - Appeal - Costs - Appellant unsuccessful in unfair dismissal appeal - Leave to appeal granted in part - Application dismissed - Consideration of complex and unique circumstances - Whether costs order be made in favour of successful respondent employee - Indemnity costs - Application for indemnity costs declined - Order for costs otherwise made LEGISLATION CITED : Industrial Relations Act 1996 s 84 s 86 s 89 s 93 s 181 Australian Workers Union, New South Wales Branch v Pioneer Concrete (New South Wales) Pty Ltd (unreported, Hill J, 30 July 1991) Bankstown City Council v Paris (1999) 93 IR 209 Commonwealth Steel Company Limited v Ward (unreported, IRC93/3144, 16 December 1994) Dorothy Jonns Total Beauty and Slimming Centres Pty Limited and Goode (2001) 103 IR 117 Effem Foods Pty Ltd t/as Uncle Bens of Australia v Urban (1977) 81 IR 431 CASES CITED : Four Sons Pty Limited v Sakchai Limsiripothong (No 2) (2000) 100 IR 400 IGA Distribution Pty Ltd and Moses [2001] NSWIRComm 235 IGA Distribution Pty Ltd and Moses (No 2) (2002) 114 IR 307 Little v Commissioner of Police (2001) 112 IR 212 M Moses & IGA Distribution Pty Ltd [2001] NSWIRComm 1053 Van Huisstede and the Commissioner of Police (No 2) (2001) 106 IR 56 HEARING DATES: DATE OF JUDGMENT: 07/30/2003