WILKINSON v CLEO'S UNITISATION & WILKINSON v CLEO'S UNITISATION [1997] IRCA 82

WILKINSON v CLEO'S UNITISATION & WILKINSON v CLEO'S UNITISATION [1997] IRCA 82

On the Wilkinsons' version of events, and having regard to relevant authorities, there was a reasonable basis for their application that their employment had been terminated at the initiative of the employer; therefore, the proceedings were not brought without reasonable cause and costs should not have been ordered against them under s 347(1).

Parties
Applicant: Herbert Henry Wilkinson; Applicant: Cheryl Ann Wilkinson; Respondent: Cleo's Unitisation Pty Ltd
Jurisdiction
Australia
Judgment Date
27 February 1997
Procedural Posture
Application for Review of Costs Order in Unlawful Termination Proceedings / Judicial Review/de Novo Hearing of Judicial Registrar’s Costs Order
Outcome
Orders of the Judicial Registrar set aside; no costs ordered against applicants.
Legal Topics
Unlawful Termination, Costs, Power to Award Costs, Reasonable Cause for Instituting Proceedings
Industrial Law Unlawful Termination Costs Power to Award Costs Reasonable Cause for Instituting Proceedings

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Parties

Herbert Henry Wilkinson

Applicant

Cheryl Ann Wilkinson

Applicant

Cleo's Unitisation Pty Ltd

Respondent

Procedural Posture

Application for Review of Costs Order in Unlawful Termination Proceedings / Judicial Review/de Novo Hearing of Judicial Registrar’s Costs Order

Legal Issues

  1. 1 Whether the proceedings were instituted without reasonable cause for the purpose of s 347(1) Workplace Relations Act 1996
  2. 2 Whether Judicial Registrar had power to order costs against applicants

Ratio Decidendi

On the Wilkinsons' version of events, and having regard to relevant authorities, there was a reasonable basis for their application that their employment had been terminated at the initiative of the employer; therefore, the proceedings were not brought without reasonable cause and costs should not have been ordered against them under s 347(1).

Court Disposition

Orders of the Judicial Registrar set aside; no costs ordered against applicants.

Orders

  • The orders of the Judicial Registrar of 5 July 1996 are set aside.