Butcher v LKM Retail Stores [2007] NSWIRComm 1013

Industrial Relations Commission of New South Wales

CITATION: Butcher v LKM Retail Stores [2007] NSWIRComm 1013

APPLICANT: Ellen Maree Butcher PARTIES: RESPONDENT: LKM Retail Stores P/L t/as Farmer Charlies

FILE NUMBER(S): 2523 of 2006

CORAM: Ritchie C

Application for unfair dismissal under s 84 of IR Act Offers and counter offers made to settle matter at first conciliation Further offer made by applicant prior to arbitration and counter offer by respondent., not successful. Applicant withdrew application prior to arbitration. CATCHWORDS: Respondent made application for costs claiming unreasonably failed to settle,application vexatious and frivolous. Applicant terminated for theft of monies or knowledge of theft of monies Applicant denied claims Commission rejects claim that applicant failed to unreasonably settle the matter Commission rejects claim that application was vexatious and frivolous Application for costs by respondent rejected.

LEGISLATION CITED: Industrial Relations Act 1996

Bankstown City Council v Paris (1999) 93IR 209 Phillips v Industrial Relations Commission of NSW & anor [2006] NSWCA 183 Luke v Handicapped Children's Centre IRC 2586 of 1994 CASES CITED: Copperart Pty Limited (1996) IR58 Orange Community Accommodation Services Incorporated and Carolyn Vivienne Roddenby {2004} NSWIRCOMM 333 Attorney General v Wentworth (1988) 14 NSWLR 481 General Steel Industries Inc v Commissioner for Railways NSW (1964) 112CLR 125@129.