Smith v Secretary, Department of Industry (No.2) [2019] NSWIRComm 1019

Industrial Relations Commission New South Wales Medium Neutral Citation: Smith v Secretary, Department of Industry (No.2) [2019] NSWIRComm 1019 Hearing dates: This matter was determined on the papers. Respondent filed 21 December 2018. Applicant filed 11 February 2019. Respondent filed reply 4 March 2019 Date of orders: 14 March 2019 Decision date: 14 March 2019 Jurisdiction: Industrial Relations Commission Before: Murphy C Decision: The respondent's application for a costs order is dismissed Catchwords: COSTS APPLICATION – unfair dismissal application dismissed – whether the applicant unreasonably failed to agree to settlement offers from the respondent – consideration of all relevant circumstances – application for a costs order dismissed Legislation Cited: Industrial Relations Act 1996 Cases Cited: Bankstown City Council v Paris [1999] 93 IR 209 Carlton and United Beverages Ltd v Brunt [2007] 164 IR 184 Phillips v Industrial Relations Commission (NSW) [2006] 154 IR 96 Smith v Secretary, Department of Industry [2018] NSWIRComm 1065 Category: Costs Parties: Graham Smith (Applicant)

Secretary, Department of Industry (Respondent) Representation: Counsel: Mr A Howell (Applicant)

Solicitors: Lander and Rogers, Lawyers (Respondent) File Number(s): 2018/00059259

DECISION 1. On 1 November 2018 I handed down my decision in the matter of Smith v Secretary, Department of Industry ([2018] NSWIRComm 1065) (Smith No.1). 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 on 21 February 2018 was neither harsh nor unreasonable nor unjust. The respondent now seeks an order for costs.