Karen Baker v Roy Morgan Research Ltd

[2014] FWC 3360

[2014] FWC 3360 [Note: a correction has been issued to this document]

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.394—Unfair dismissal

Karen Baker
v
Roy Morgan Research Ltd
(U2013/539)

DEPUTY PRESIDENT GOOLEY MELBOURNE, 22 MAY 2014

Application for costs against Roy Morgan Research Ltd - costs awarded.

[1] On 24 March 2014, I issued a decision in which I ordered that Roy Morgan Research Ltd (Roy Morgan) pay some of Ms Baker’s costs. 1

[2] On 31 March 2014, Ms Baker filed a bill of costs. That bill of costs did not reflect my decision and on 11 April 2014 a further bill of costs was filed. That bill of costs totalled $16,208.50.

[3] On 1 May 2014, Roy Morgan advised that “the Respondent wishes to make no submissions on costs other than to object to items 28 and 31 of the Applicant's Amended Schedule of Costs on the basis that the attendance of solicitor and counsel at an unfair dismissal hearing is unreasonable and unnecessary, and to items 37 and 38 which are unnecessary and in any event would also be unreasonable.”

[4] Item 28 and 31 are attendance by a solicitor for the hearing on 3 June 2014 and 24 June 2013. Items 37 and 38 are attendance by a solicitor and barrister for costs hearing.

[5] Ms Baker did not file any submissions in reply to this submission.

[6] I accept the submissions of Roy Morgan that it was not necessary for Ms Baker to have both counsel and solicitor present at the hearings. I do not accept the submissions of Roy Morgan that it was not necessary to have counsel at the costs hearing.

[7] The bill of costs included the application fee paid by Ms Baker. I have not included this amount as it was an amount paid by Ms Baker prior to the rejection by Roy Morgan of her offer to settle and in my decision I determined that the costs payable were those incurred after 28 May 2014.

[8] Allowing for these amounts, the bill of costs is $13,728. I will therefore order that Roy Morgan pay Ms Baker’s costs of $13,728 within 21 days of the date of this order.

DEPUTY PRESIDENT

 1   [2014] FWC 1856

Printed by authority of the Commonwealth Government Printer

<Price code A, PR550836>