TERMINATION OF EMPLOYMENT – costs – ss.400A, 401, 611 Fair Work Act 2009 – application for costs order against former employee and his solicitors – employee discontinued unfair dismissal application after conciliation but prior to arbitration – employer argued costs incurred as original application not made in time, did not pertain to termination of employment, was made with ulterior motives, and employee did not dispute misconduct allegations – Commission found power to order costs under s.611 of FW Act required clear evidence of unreasonable conduct – ‘without reasonable cause’ means ‘so obviously untenable that it cannot possible succeed’, ‘manifestly groundless’ or ‘discloses a case which the Court is satisfied cannot succeed’ [Keep v Performance] – Commission held original application not commenced unreasonably nor made without reasonable cause – employee’s contentions regarding timing of application had reasonable prospects of success – questions relating to the nature and characterisation of the dismissal could reasonably and properly be dealt with in hearing – nothing out of the ordinary, unreasonable, vexatious or lacking in prospects – application dismissed. Ngaanyatjarra Health Service (Aboriginal Corporation) t/a Ngaanyatjarra Health Service v Roberts and Ors
