Barbara Scott & Greyhound & Harness Racing Regulatory Authority [2009] NSWIRComm 1010

Barbara Scott & Greyhound & Harness Racing Regulatory Authority [2009] NSWIRComm 1010

The Respondent should have taken a more conciliatory attitude towards settlement given the circumstances and evidence available prior to hearing, and unreasonably failed to agree to a settlement. This conduct justified an award of costs against the Respondent under s 181(2)(c) of the Industrial Relations Act 1996.

Jurisdiction
Australia
Judgment Date
25 February 2009
Procedural Posture
Unfair Dismissal Application / Costs Determination Post Final Decision
Outcome
Costs awarded to Applicant
Legal Topics
['unfair Dismissal' 'costs in Industrial Proceedings' 'settlement Negotiations']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'costs in Industrial Proceedings' 'settlement Negotiations']

Case Brief

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Procedural Posture

Unfair Dismissal Application / Costs Determination Post Final Decision

Legal Issues

  1. 1 ['Whether the Respondent unreasonably failed to agree to a settlement of the claim such that a costs order should be made under s 181(2)(c) of the Industrial Relations Act 1996']

Ratio Decidendi

The Respondent should have taken a more conciliatory attitude towards settlement given the circumstances and evidence available prior to hearing, and unreasonably failed to agree to a settlement. This conduct justified an award of costs against the Respondent under s 181(2)(c) of the Industrial Relations Act 1996.

Court Disposition

Costs awarded to Applicant

Orders

  • ["Respondent to pay the Applicant's costs of, and incidental to, the proceedings before the Commission as currently constituted, in an amount as agreed, or, failing agreement, as assessed."]