Egan v Kingaroy and District RSL and Citizen's Memorial Club [1998] QIRC 276 (1998) 158 QGIG 371

370 INDUSTRIAL GAZETTE JO July, 199& 10 July, 1998 ----------------------· 371 QUEENSLAND JNDUSTRIAL RELA TlONS COMMISSION Workplace Relatw11s Act 1997 s. 218 •- apph(;dt.ion for f!,;instateinent AND Ki11garoy and Distnct RSL and Citiwn's Mnnorial Club COM.'.1lSSIONER FISHER Application fix reinstatement - Prevwus decision .. Applkalion for Cmt, awarded .. Schedule of costs ruhmitte<l - Applicant ordered to pay respondent withrn four months of date of release ofthis deci.,ion. DEClSiO"{ On l 5 June 1998 released a dedsion whidi found that the di.smissa.l of Michael Egan from the position of Bar l\'1anager with the Kingaroy and District RSL and Citizen's Memorial Club had not been harsh, unjust or unreasonable. fo addition l decided that a., the application had been inBrituted with,,ut reasonable cause, costs wouid be awarded against the applicant, A scheduk costs has now bt,:n submitted by the responde-nt' s Solicitor. It includes Cc,unsel's and Sohdtor's fees. \Vitness ~x.pen.'>C."i and the other disbursemems totall.ing in excess of$! l 000. This rs consistent v,ilh 225(3) of the Workpiace Relatwns Act 1997. The profossional fees have been calculated in accordance with Column G of the Magis'uares Courts Scale. The. Con1missiou has given consideration schedule of costs. In n1y Yiew Cohunn G is jnappropriate giv~n the amount of co1r.pensatlon which could have been awarded had the applicant been successfol. Accordingly the Conunission has GOU.side.red th..;c quantum of costs Hl the context of a mo.re approp1iate scale and \Vhat is reasonable tn the circnm.stanccs. An an1ount of $8000 is thus awarded. Ivhchael Egan is ordered to pay an c.n1ount of $80()0 in costs to the- f,:ingawy RSL Club within four months of the date of r~lease of this ,decision. Should it be neces,~ary 1 I aL;o certify in accordance \·vtth s. :350 of the .Act that it wa.s in ct1e interests of justice that the lawyer be he.a.rd. I.n reaching thJs vie-w 1 hav.::: taken into account that both r.m.rtics v..T.re leg:aliy rcpre,':>Cntt:-d and that Mr Egan iw.1rnct,,d Solicitors to file ,he app!icafam nn his behalf. G.K FISHER, Commissioner. Appearances:- \1r D. ()'Gorman (Barrister) instructed by Giishenan ;md Luion, with hirn Ms P. Qurnn tor the applicanl tvfa B. CaHaghar: {Ba.rri,qer) instructed by ·Kevin F ..L \VocxL~ re.~~--·mdent. Released: J July 1998 26907 __ l Df)C -- 1 of 1 --