Dr A v Health District (No 3) [2014] NSWIRComm 55

Industrial Relations Commission New South Wales Medium Neutral Citation: Dr A v Health District (No 3) [2014] NSWIRComm 55 Hearing dates: 26 September 2014; 30 October 2014 (on the papers) Decision date: 21 November 2014 Before: Boland AJ Decision: The applicant's application for costs is dismissed. Catchwords: UNFAIR DISMISSAL - Threat to dismiss - Order made that employer not proceed to dismiss in accordance with threat - COSTS - Application by applicant for costs - Whether respondent unreasonably failed to agree to a settlement of the claim that an order be made under s 89(7) of the Industrial Relations Act 1996 - Consideration of the strength of respondent's position - Application for costs dismissed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Bankstown City Council v Paris [1999] NSWIRComm 585; (1999) 93 IR 209 Dr A v Health District (No 2) [2014] NSWIRComm 50 Four Sons Pty Ltd v Sakchai Limsiripothong (No 2) [2000] NSWIRComm 131; (2000) 100 IR 400 Phillips v Industrial Relations Commission of NSW [2006] NSWCA 183 Public Service Association and Professional Officers' Association Amalgamated Union of New South Wales (on behalf of Rosanna Ganino) v Roads and Maritime Services (No 9) [2014] NSWIRComm 31 Category: Costs Parties: Dr A (Applicant) Health District (Respondent) Representation: A Moses SC with Y Shariff of counsel (Applicant) K Nomchong SC with A Britt of counsel (Respondent) TressCox Lawyers (Applicant) Bartier Perry Solicitors (Respondent) File Number(s): IRC 715 of 2013