QUEENSLAND INDUSTRIAL RELATIONS COMMISSION
CITATION: PARTIES: | Maher v Isaac Regional Council [2020] QIRC 191 Maher, Trevor Desmond v Isaac Regional Council |
CASE NO: | TD/2019/43 |
PROCEEDING: | Termination Dispute – Application for costs |
DELIVERED ON: | 15 October 2020 |
HEARING DATES: MEMBER: HEARD AT: | 5 May 2020 (Mention) McLennan IC The issue of costs was heard on the papers. |
| ORDER: | 1. That, within 28 days, Mr Trevor Desmond Maher is to pay the Isaac Regional Council $12,000 as costs incurred in these proceedings. |
| CATCHWORDS: LEGISLATION: CASES: APPEARANCES: | TERMINATION DISPUTE – APPLICATION FOR COSTS – where the dismissed employee had been subject to disciplinary allegations – whether the council had complied with procedural requirements in terminating the local government employee – consideration of ‘without reasonable cause’ – consideration of ‘no reasonable prospect of success’. Acts Interpretation Act 1954 (Qld) sch 1, s 32CA Industrial Relations (Tribunals) Rules 2011 (Qld) r 70 Industrial Relations Act 1999 (Qld) s 355(1) Industrial Relations Act 2016 (Qld) s 321, s 322, s 545 Local Government Act 2009 (Qld) s 197 Local Government Regulation 2012 (Qld) reg 283 Uniform Civil Procedure Rules 1999 (Qld) sch 2 Workers’ Compensation and Rehabilitation Act 2013 (Qld) s 563 Baker v Salver Resources Pty Ltd [2011] FWAFB 4014 Blackbird Energy Pty Ltd v Turner (2007) 185 QGIG 81 Blows v Townsville City Council [2016] QIRC 066 Bow Park Pty Ltd v Williams (No. 2) (2004) 175 QGIG 18 Du Preez v Chelden (No. 2) [2020] ICQ 015 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Greenwood v State of Queensland (Sunshine Coast Wide Bay Health Service District) [2016] QIRC 125 Kanan v Australian Postal and Telecommunications Union (1992) 43 IR 257 MIM Holdings Limited v Automotive, Metals, Engineering, Printing and Kindred Industries Industrial Union of Employees Queensland (2000) 164 QGIG 370 Promnitz v Gympie Regional Council [2015] ICQ 011 Re Christina Hatchett v Bowater Tutt Industries Pty Ltd (No 3) (1991) 39 IR 31 Walker v Mittagong Sands Pty Limited T/A Cowra Quartz (2011) 210 IR 370 Wang v Crestell Industries Pty Ltd (1997) 73 IR 454 White v State of Queensland (Central Queensland Hospital and Health Service) [2017] QIRC 041 Yousif v Workers’ Compensation Regulator [2019] ICQ 10 Mr C. Joy of Craig Joy Workplace Consulting for Mr T. Maher Ms N. A-Khavari of Counsel instructed by Ms R. Pezzutti of Wotton & Kearney for Isaac Regional Council |
Reasons for Decision
Mr Trevor Desmond Maher (the Applicant) filed an Application for Reinstatement regarding his former employer, the Isaac Regional Council (the Respondent, the Council), on 30 May 2019.[1] Mr Maher was employed by the Council for approximately three years. His last position held with Council was Programme Leader – Regulatory Services.
[1] ‘the Reinstatement Application’.
In May 2018, the Council began investigating allegations of misconduct said to have been perpetrated by Mr Maher. He was subsequently suspended on pay. An investigation and show cause process ensued. In a letter dated 10…
Continue reading Maher v Isaac Regional Council
Sign in free to access the full text
- AGLC
- Maher v Isaac Regional Council [2020] QIRC 191
- Case
- [2020] QIRC 191
- Decision Date
CaseChat Overview and Summary
The court awarded costs to the Council based on its finding that Mr Maher's application had no reasonable prospect of success. The court considered the total costs incurred by the Council since the commencement of the proceedings and calculated a global figure to encapsulate all relevant circumstances, including the Council's assessment. The court concluded that Mr Maher should pay the Council $12,000 as costs incurred in these proceedings, which included the substantive reinstatement application and the costs application. The court emphasised that the presence of a finding that an application was made without reasonable cause or that an applicant had no reasonable prospect of success did not mandate an order for costs in favour of the opponent. Section 545(2) provided a discretion to make such an order. The court exercised its discretion and ordered Mr Maher to pay the Council's costs within 28 days. The court's decision was based on a careful consideration of the relevant legal principles and the circumstances of the case. The court's order for costs was intended to reflect the nature and outcome of the proceedings and the circumstances of the parties.
Orders
Orders of the court
1. That, within 28 days, Mr Trevor Desmond Maher is to pay the Isaac Regional Council $12,000 as costs incurred in these proceedings.
Background
Background to the litigation
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.