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Barlow v B & W Cabs [1996] QIRC 737 (1996) 153 QGIG 846

Case law · Queensland · 1996
846 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE #####################lt#lt############lt####ltlt####lt########lt# QUEENSLAND IND USTRIAL RELATIONS COMM ISSION /11dustrial Relution, A, ·1 1990 s. 295 application for reinstatement Colin Joseph H:trlow AND B & W.Cabs (No. 810115 ,if 1995) COMMISSIONER EDWARDS 30 October 1996 Termination of Employment - Dismissal - Reinstatement - Applicat ion for Re instatement Dismissed - Application by Respondent for Costs - Respo ndent to Provide Com Incurred - Costs Awarded - Costs ns Submitted Granted - Costs to be paid within 14 days of release of this Decision. DECISION In my decision of 16 October 1996, I ordered the application for reinstatement be dismissed . The Commission found the applicati on was frivolous and vexatious. The. Commission also requested the respondent 10 provide an outline of costs incurred as a result of th e application. The affidavit from the responde nt detailing costs has now been received . An amount of $1 135.00 isc lai med. The expenses sought hav e been considered by reference to the sca les of costs and fees applicable to the Magi strates Court. Accordingly, pursuant to s. 90(1 )(c) of the lndu<tn ul Rda1ir,11s Acr 1990, the applicant 1s ordered to pay to the respondent expenses in the amount of$! 135.00. Such amount is to be paid no later t han 14 days after the date of release of this decision. Should it become necessary , the respondent may request the Industrial Registrar to issue a fonnal order. The Commi ssion orders accordingly. K.L. EDWARDS, Commi ssioner. Appeara11ces: Mr C.J . Barlow on hi s own behalf. Mr S. Pawlowski of Queensland Chamber of Commerce and ln duwy Limited. Induwial Organisation of Employers on behalf of B & W Cabs. Operative Date : NIA Decision Cosls Released : 30 October 1996 15 November, 1996 15 November, I 996 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 847 I 2I657_1.DOC -- 1 of 1 --