A s.394 (Application for unfair dismissal remedy) by Andrew Portelli against Baxter Healthcare Pty Ltd T/A Baxter Healthcare has gone seriously awry. People who incur legal costs in a matter before the Fair Work Commission generally pay their own costs. However, the Commission has the discretion to order one party to an unfair dismissal matter to pay the other party’s legal or representational costs, but only where the Commission is satisfied the matter was commenced or responded either vexatiously or without reasonable cause, or with no reasonable prospect of success. This decision is about whether Andrew Portelli should be held liable for the costs of Baxter Healthcare Pty Ltd which it incurred in defending an unfair dismissal application brought against it by Mr Portelli. Mr Portelli commenced his unfair dismissal application but discontinued it on 31 January 2017 (that being 6 days before the matter was listed to be heard on 6 February 2017). On 9 February 2017 Baxter made an Application for Costs. It filed an Amended Application for Costs on 7 April 2017. Baxter seeks costs in the amount of $10,332.00 on an indemnity basis. However the FWC gave him the benefit of the doubt and went for “the Commission has no jurisdiction pursuant to s.611 of the FW Act to order costs.”
