| Summary |
COSTS - Respondent sought contribution of $2,500 to costs associated with withdrawal of application - Respondent had made Calderbank offer prior to cancellation of application, which was rejected - Respondent advised applicant too poor" to make contribution to respondent's costs - Applicant submitted no costs award should be made due to various circumstances - Applicant's 26 years of service with respondent, serious illness applicant was suffering, belief she was unjustifiably dismissed and inability to work due to poor health and age made it impossible to pay any costs award - Respondent argued not at fault terminating respondent's employment by medical retirement, poor health unrelated to employment and no medical evidence provided to support applicant's claim she withdrew proceedings due to ill health - Authority found applicant had ample opportunity to withdraw application prior to costs being incurred - Appropriate for applicant to make some contribution to respondent costs incurred" |