NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Bradley Robert Miller v NSW Attorney General's Department (No. 2) [2006] NSWIRComm 362
PARTIES: Bradley Robert Miller NSW Attorney General's Department
FILE NUMBER(S): 85 of 2006
CORAM: Grayson DP
Unfair dismissal - Applicant reinstated - Application for costs - Principles guiding exercise of discretion - Whether respondent unreasonably failed to agree to settlement - Offer by applicant to settle on basis of re-employment and lower grade rejected CATCHWORDS: Held, no unreasonable failure to settle - Application for costs refused
LEGISLATION CITED: Anti Discrimination Act 1977 Industrial Relations Act 1996
Copperart Pty Ltd v Martin (1996) 68 IR 58 CASES CITED: Bankstown City Council v Paris (1999) 93 IR 209; Four Sons Pty Limited v Sakchai Limsiripothong (No. 2) (2000) 100IR 400 Nursing Homes and Nurses (State) Award (2001)
HEARING DATES: 25/10/06, 13/11/06
DATE OF JUDGMENT: 11/14/2006
Mr S Coleman of counsel instructed by Mr L Adamson Luke Adamson and Co Solicitors LEGAL REPRESENTATIVES: Mr S Benson of counsel instructed by Mr G de Courcey Crown Solicitor's Office
JUDGMENT:
- 1 - INDUSTRIAL RELATIONS COMMISSION OF NEW SOUTH WALES
CORAM: Grayson, DP
14 November 2006
Matter No IRC 85 of 2006
Bradley Robert Miller and NSW Attorney General's Department
Application by Bradley Robert Miller re unfair dismissal pursuant to section 84 of the Industrial Relations Act 1996
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