Jeanie Marie Parsons and Katungal Aboriginal Corporation Medical and Community Services [2009] NSWIRComm 1028

Industrial Relations Commission of New South Wales

CITATION: Jeanie Marie Parsons and Katungal Aboriginal Corporation Medical and Community Services [2009] NSWIRComm 1028

APPLICANT Jeanie Marie Parsons PARTIES: RESPONDENT Katungal Aboriginal Corporation Medical and Community Services

FILE NUMBER(S): 1781 of 2008

CORAM: Macdonald C

CATCHWORDS: Unfair dismissal - Decision of Commission that dismissal of Applicant was unjust and ordered her reinstatement - Applicant/employee made costs application against Respondent/employer - Parties agreed to have Commission determine costs application "on the papers" - employee claimed costs on ground that employer had unreasonably failed to settle - chronology of offers and counter offers considered - issue as to length of service of employee (3 months) and alleged limitation on quantum of offer to settle the employee could make - case law consideration on that issue - employers argument on that issue rejected by Commission - employee's primary remedy of reinstatement put and rejected by employer - employee offer of 26 weeks to settle held to be reasonable - employer's rejection of that offer held to be unreasonable - employee claimed costs on ground that employer exhibited conduct inconsistent with an intention to settle - Commission upheld this ground as well - Commission's exercise of its discretion to award costs - costs awarded on party to party basis only - indemnity costs application by employee rejected - Orders

LEGISLATION CITED: Industrial Relations Act 1996

Bankstown City Council v Paris (1999) 93 IR 209 Copperart v Martin (1996) 68 IR 58 Four Sons Pty Ltd v Sakchai Limsiripothong (No.2)(2000)NSWIRComm 131 CASES CITED: Humphries and Cootamundra Ex-Services and Citizens Sadler and Ors v Queensland Cotton Corporation Ltd (No2) (2003) 130 IR 33 Memorial Club Limited [2003] NSWIRComm 211 South West Security Pty Ltd v Baker (1993) 34AILR227 Tuholi Pty Ltd v Caltex Australia Petroleum Pty Ltd (2001) 103 IR 329 Youssef v Western Sydney Area Health Service (No. 3) (2004) NSWIRComm 124