NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Ptolemy v St. Vincents Private Hospital [2005] NSWIRComm 1220
APPLICANT: Ms. L. Ptolemy PARTIES: RESPONDENT: St. Vincents Private Hospital
FILE NUMBER(S): 1590 of 2005
CORAM: Ritchie C
Application for costs by St Vincents Private Hospital after applicants claim for unfair dismissal dismissed. Respondent submitted that their offers to settle the matter were reasonable. Applicant believed her offers were reasonable. Applicant did not believe respondents offers were reasonable taking into consideration her increasing legal costs. CATCHWORDS: Respondent submitted that Commission should not consider her legal costs as a reason for her rejection of their offers. Respondent also stated that applicant recognised that she would loose her unfair dismissal claim if technical grounds accepted by Commission. Commission found that legal costs should not be considered . Also that applicant aware of the weakness of her case. Found that applicant had breached s.181(2)(c )of the Act. Costs ordered against the applicant.
LEGISLATION CITED: Industrial Relations Act 1996
Bankstown City Council v Paris93IR209 Four Sons Pty Limited v Sakchai Limsiripothong 100IR 400 Van Huisstede v Commisioner of Police 106IR56 CASES CITED: IGA Distribution Pty Ltd and Moses [2003]NSWIRComm230 Weisser v Spur Group Pty Ltd[2003]NSWIRComm79 Orange Community Accommodation Service Incorporated and Carolyn Vivienne Roddenby[2004]NSWIRComm333
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