New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union on behalf of Wendy Nixon and Snowy River Shire Council [2013] NSWIRComm 1000

Industrial Relations Commission New South Wales Medium Neutral Citation: New South Wales Local Government, Clerical, Administrative, Energy, Airlines and Utilities Union on behalf of Wendy Nixon and Snowy River Shire Council [2013] NSWIRComm 1000 Hearing dates: 18 July 2012 Decision date: 11 January 2013 Jurisdiction: Industrial Relations Commission Before: Tabbaa C AM Decision: Half of the costs of Snowy River Shire Council of, and incidental to, the proceedings relating to the unfair dismissal application and the said notice of motion incurred after 3 August 2011 shall be paid by Ms Wendy Nixon in an amount as agreed or as assessed. The payment is to be made to Council within 28 days of this decision. The matter is concluded. Catchwords: Unfair Dismissal application; Victimisation application; applications travelled together; same witness statements submitted for both matters; applications to be heard simultaneously; costs incurred in defending one cannot be isolated from the other; frivolous claim; applicant unreasonably failed to agree to a settlement of the claim; costs awarded; indemnity costs rejected. Legislation Cited: Industrial Relations Act 1996 Industrial Relations Commission Rules 2009 Uniform Civil Procedure Rules 2005 Local Government Act Cases Cited: Re The Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 at 624; Edwards Madigan Torzillo Briggs Pty Ltd v Gloria Stack [2003] NSWCA 302; One Tel Ltd & ors. v Commissioner of Taxation (2000) 101 FCR 548; Gribbles Pathology Pty Ltd v Health Insurance Commission & Ors. (1997) 80 FCR 284; Australian Securities Commission v Aust-Home Investments Limited & ors. (1993) 44 FCR 194); Frost v The Speaker of the Legislative Assembly of New South Wales (No 2) [2001] NSWIRComm 14; Saddington v Oliver and Others (1993) 43 FCR 545; Bankstown City Council v Paris (1999) 93 IR 209; Phillips v Industrial Relations Commission (NSW) (2006) 154 IR 96; Peden v Lake Macquarie Refrigeration Pty Ltd (2004) 134 IR 149; Attorney General v Wentworth (1988) 14 NSWLR 481; Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Category: Costs Parties: Wendy Nixon, unrepresented Representation: Ms A Perigo (Respondent and Applicant in the Notice of Motion) WilliamsonLegal (Solicitors for the Respondent and Applicant in the Notice of Motion) File Number(s): IRC 1311 of 2011