TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 611 Fair Work Act 2009 – application for costs by employer – employee lodged application for relief from unfair dismissal November 2015 – employer lodged application to dismiss – unfair dismissal application dismissed by Commission under s.399A of FW Act due to abhorrent behaviour – employer submitted employee’s unreasonable acts caused it to incur unnecessary costs – employee submitted she had been informed the successful party does not get its costs paid by the other, could not afford to pay costs and the employer chose to incur expenses by engaging legal representation – Commission may award costs where it is satisfied an unreasonable act or omission by a party in connection with a matter has caused the other party to incur costs – meaning of vexatiously and without reasonable cause – Church v Eastern Health, Kanan v Australia Postal and Telecommunications Union and Baker v Salva considered – Commission found it appropriate to exercise discretion to award costs – only one party being legally represented not an impediment to the Commission’s power to award costs – financial position does not render a party immune from costs – employee’s conduct in connection to unfair dismissal proceeding, employer’s application to dismiss and lack of explanation of conduct enlivened discretion – costs awarded – employee ordered to pay an amount in costs to the employer equal to the party/party costs relating to costs incurred in respect of the s.399A application between 7 April 2016 and 31 May 2016. Hansen v Calvary Health Care Adelaide Limited
