Colefax v Secretary, Department of Education; (No. 2) [2018] NSWIRComm 1043

Industrial Relations Commission New South Wales Medium Neutral Citation: Colefax v Secretary, Department of Education; (No. 2) [2018] NSWIRComm 1043 Hearing dates: Determined on the papers Decision date: 16 July 2018 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: Application by respondent for a costs order is dismissed Catchwords: UNFAIR DISMISSAL – application dismissed – respondent applied for order for costs – unfair dismissal application not instituted without reasonable cause – applicant did not unreasonably fail to agree to a settlement of the claim – application for costs order refused Legislation Cited: Industrial Relations Act 1996 Cases Cited: Colefax v Secretary, Department of Education [2018] NSWIRComm 1033 Kanan v Australian Postal and Telecommunications Union [1992] 43 IR 257 Category: Costs Parties: Margaritte Joanne Colefax (Applicant)

Secretary, Department of Education (Respondent) Representation: Counsel: Ms K Nomchong SC (Respondent)

Solicitors: Ms J Burton, Crown Solicitors Office (Respondent) File Number(s): 2017/00116629

DECISION 1. On 11 May 2018 I handed down my decision in the matter of Colefax v Secretary, Department of Education ([2018] NSWIRComm 1033). In that decision, I dismissed the applicant's unfair dismissal application on the grounds that the decision by the respondent to terminate the applicant's employment by way of medical retirement on 29 March 2017 was neither harsh nor unreasonable nor unjust. The respondent now seeks an order for costs.