Simon v Bartter Enterprises [2000] NSWIRComm 198

Simon v Bartter Enterprises [2000] NSWIRComm 198

The parties had engaged in extensive discussion and conciliation in an attempt to resolve the matter, although unsuccessfully. The matters arbitrated were arguable and in fine balance, and this was a case in which a party could appropriately take a firm position. The respondent was not shown to have acted unreasonably, so the application for an order for costs was declined.

Jurisdiction
Australia
Judgment Date
11 October 2000
Procedural Posture
Application for Costs in Unfair Dismissal Proceedings Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision on Costs After Arbitration Decision Ordering Reinstatement
Outcome
Application for costs refused.
Legal Topics
['unfair Dismissal' 'costs' 'settlement and Conciliation' 'reinstatement']
['industrial Relations' 'employment Law'] ['unfair Dismissal' 'costs' 'settlement and Conciliation' 'reinstatement']

Case Brief

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Procedural Posture

Application for Costs in Unfair Dismissal Proceedings Pursuant to Section 84 of the Industrial Relations Act 1996 / Decision on Costs After Arbitration Decision Ordering Reinstatement

Legal Issues

  1. 1 ['Whether the respondent unreasonably failed to agree to a settlement of the unfair dismissal claim for the purposes of s.181(2)(c) of the Industrial Relations Act 1996.' 'Whether the circumstances justified an order for costs in favour of the applicant.']

Ratio Decidendi

The parties had engaged in extensive discussion and conciliation in an attempt to resolve the matter, although unsuccessfully. The matters arbitrated were arguable and in fine balance, and this was a case in which a party could appropriately take a firm position. The respondent was not shown to have acted unreasonably, so the application for an order for costs was declined.

Court Disposition

Application for costs refused.

Orders

  • ['The application for an order as to costs is declined.']