NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Mayo v W & K Holdings (NSW) Pty Limited [2009] NSWIRComm 130
Laureen Margaret Mayo (Applicant) PARTIES: W & K Holdings (NSW) Pty Limited (Respondent)
FILE NUMBER(S): IRC 1877 of 2008
CORAM: Boland J President; Harrison DP; Stanton C
COSTS – Unfair dismissal – Whether frivolous or vexatious claim – Whether claim was without reasonable cause – Whether unreasonable refusal to settle – Applicant had genuine claim for unfair dismissal – Applicant's claim for damages dismissed – Respondent's claim for costs dismissed. CATCHWORDS: UNFAIR DISMISSAL – Costs – Whether frivolous or vexatious claim – Whether claim was without reasonable cause – Whether unreasonable refusal to settle – Applicant had genuine claim for unfair dismissal – Applicant's claim for damages dismissed – Respondent's claim for costs dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
CASES CITED: Mayo v W & K Holdings (NSW) Pty Ltd as Trustee for W & K Family Trust trading as W & K Constructions [2009] NSWIRComm 67
HEARING DATES: Written submissions filed by parties
DATE OF JUDGMENT: 11 August 2009
Ms L M Mayo (Applicant) LEGAL REPRESENTATIVES: Catalyst Legal (Respondent)
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
FULL BENCH
CORAM: BOLAND J, President HARRISON DP STANTON C
Tuesday 11 August 2009
Matter No IRC 1877 of 2008
MAYO v W & K HOLDINGS (NSW) PTY LTD AS TRUSTEE FOR W & K FAMILY TRUST TRADING AS W & K CONSTRUCTIONS (NO 2)
Application by Laureen Margaret Mayo re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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