NSW Caselaw
Industrial Relations Commission of New South Wales
CITATION: Nicole Kathleen Young and others v Department of Juvenile Justice [2007] NSWIRComm 142
APPLICANTS Nicole Kathleen Young Justin Matthew Tom PARTIES: Marie Kuban Nathan Hoevers
RESPONDENT Department of Juvenile Justice
FILE NUMBER(S): IRC2833; 2834; 4102; 4103 of 2005
CORAM: Sams DP
Notice of motion - application for costs - costs sought on an indemnity basis - no offers of settlement by respondent - reinstatement only offer proposed by applicants - four applicants dismissed for misconduct - obligation to attempt to settle claims - statutory framework - jurisdictional gateway- conduct of the parties - failure to consider strengths and weaknesses of case - flaws in the investigation - new evidence during proceedings - applicants reinstated - partial lost remuneration ordered. CATCHWORDS: Held; parties' positions understandable - respondent did not unreasonably refuse to settle claims - participation in conciliation proceedings - comparisons not relevant - difficulties in both parties evidentiary cases - applicants not totally vindicated - respondent's conduct did not evince an intention to unreasonably refuse to settle claims - costs application refused - proceedings not unusual or out of the ordinary - indemnity costs refused - notice of motion dismissed.
LEGISLATION CITED: Industrial Relations Act 1996
Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union, on behalf of Mark Harrison and Keith Donaldson and Australian Co-Operative Foods Limited [2000] NSWIRComm 285 Bankstown City Council v Paris (1999) 93 IR 209 Carlton and United Beverages Limited & Phillip Brunt [2007] NSWIRComm 135 Four Sons Pty Ltd v Sakchai Limsiripothong (No 2) (2000) 100 IR 400 CASES CITED: IGA Distribution Pty Ltd v Moses (No 3) (2003) 130 IR 145 Nicole Kathleen Young and others v Department of Juvenile Justice [2006] NSWIRComm 337 Phillips v Industrial Relations Commission of NSW (2006) 154 IR 96 Staal and Tupene and Western Sydney Area Health Service [2004] NSWIRComm 325 Tuholi Pty Ltd v Caltex Australia Petroleum Pty Limited (2001) 103 IR 329 Van Huisstede v Commissioner of Police (No 2) (2001) 106 IR 56
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