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Judgment No. 1847

Decision

The complaint is dismissed.

Consideration 11

Extract:

"The question of both legal and translation costs is entirely within the discretion of the Tribunal. Where a valid, sufficient and binding offer to settle is made by a defendant in the course of proceedings, and the complainant continues with the complaint in the face of such an offer, the Tribunal may well deny costs. The Tribunal also notes that in the present case the complainant filed her internal appeal almost immediately and without apparently requesting information from the defendant or from [the insurance company] as to the progress of her claim: she appears to be more interested in litigation than in dealing in good faith with her employer. Parties and their legal advisers should be encouraged to settle their claims and dissuaded from time-wasting disputation."

Keywords

settlement out of court; vexatious complaint; costs; no award of costs; case pending; good faith



 
Last updated: 21.08.2014 ^ top