Kaplan v Health Support Service [2009] NSWIRComm 1097

Industrial Relations Commission of New South Wales

CITATION: Kaplan v Health Support Service [2009] NSWIRComm 1097

APPLICANT PARTIES: Ms Perihan Kaplan RESPONDENT Director General of NSW Health Department, Health Support Services Division, Linen Services Parramatta Branch

FILE NUMBER(S): 2333 of 2008

CORAM: Ritchie C

Application for costs in unfair dismissal case. Applicant sought costs. Applicant claimed that respondent failed to accept reasonable offer and overall conduct inconsistent with an intention to settle. Applicant made offer during conciliation to settle. This first offer later modified. CATCHWORDS: Respondent rejected offer based on seriousness of allegations that led to termination,quantum sought and comments made by Commissioner during proceedings. On second day of hearing respondent made offer to applicant which was more beneficial to applicant then her first offer. This rejected by applicant who made an alternative counter offer quite different to her first offer. This rejected by respondent. Commission found that offer made by respondent to applicant reasonable. Also found that applicant second offer did not amount to an attempt to properly conciliate the matter. Applicant argued that costs incurred at the point of respondent's offer would have left applicant with limited amount. Application for costs dismissed.

LEGISLATION CITED: Industrial Relations Act,1996

CASES CITED: Bankstown City Council v Paris (1999)93IR209 Orange Community Accomodation Service Incorporated and Carloyn Vivienne Roddenby[2004]NSWIRCComm332