TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 611 Fair Work Act 2009 – Health Services Union (HSU) made an application for an order that the employee pay the costs HSU incurred in defending the employee’s unsuccessful unfair dismissal claim – prior to the conciliation, HSU filed documents alleging the employee had accessed inappropriate material on the internet whilst as work – HSU also filed a report analysing the employee’s work laptop, after which the employee filed a notice of discontinuance – Commission not satisfied that the employee’s claim had no reasonable prospect of success for the following reasons – while employee was aware of his internet access to inappropriate sites, this would not necessarily lead to a finding that his dismissal was fair – it was not unreasonable for employee to wait until he viewed HSU’s report before deciding to discontinue, as employee had believed the evidence was inaccurate – application for costs dismissed. Health Services Union-Victoria No. 1 Branch v Sanli
