Kent v Secretary, Department of Education (No. 2) [2020] NSWIRComm 1025

Industrial Relations Commission New South Wales Medium Neutral Citation: Kent v Secretary, Department of Education (No. 2) [2020] NSWIRComm 1025 Hearing dates: Application determined on the papers Date of orders: 15 April 2020 Decision date: 15 April 2020 Jurisdiction: Industrial Relations Commission Before: Commissioner Murphy Decision: Respondent's application for a costs order is refused Catchwords: UNFAIR DISMISSAL – application by respondent for a costs order – vexatious – unreasonably failed to agree to a settlement of the claim – costs order refused Legislation Cited: Industrial Relations Act 1996 Cases Cited: Attorney-General v Wentworth (1988) 14 NSWLR 481 Bankstown City Council v Paris (1999) 93 IR 209 Bragg v NSW Department of Community Services [1999] NSWIRComm 55 Kent v Secretary, Department of Education [2019] NSWIRComm 1001 Phillips v Industrial Relations Commission of New South Wales & another (2006) 154 IR 96 Re Operational Ambulance Officers (State) Award (No 2) [2011] NSWIRComm 85 Peden v Lake Macquarie Pty Ltd [2004] NSWIRComm 66 Category: Costs Parties: Bradley Kent (Applicant)

Secretary, Department of Education (Respondent) Representation: The Applicant represented himself

Counsel: Mr A Britt (Respondent)

Solicitor: Ms C Schipp (Respondent File Number(s): 2017/00304518

DECISION 1. On 17 January 2019 I handed down my decision in the matter of Kent v Secretary, Department of Education [2019] NSWIRComm 1001 ("the Decision"). In the 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 a direction that he resign from the Teaching Service was neither harsh nor unreasonable nor unjust. The respondent now seeks an order for costs.