A s.394 – Unfair dismissal claim by Donnalyn Sharkey against Life Without Barriers has backfired. Fair Work Deputy President Beaumont sitting in Perth, on 21 June 2019 decided to award costs to Life Without Barriers. The ruling reads: “Pursuant to ss 400A and 401(1A) of the Act respectively, I order that Ms Sharkey and Mr Mullally are to pay the LWB’s costs incurred after 17 December 2019 and until 8 April 2019 on an indemnity basis, apportioned on the basis that Mr Mullally incurs 67% of the total costs and Ms Sharkey 33%. LWB is to provide a written itemised assessment of the costs to Ms Sharkey and Mr Mullally within 14 days of this Order, having regard to items that are mentioned in the Schedule of Costs in Schedule 3.1 of the Fair Work Regulations 2009 (Cth). The parties are then directed to confer and seek to reach agreement on the quantum of the costs. If the costs are not agreed within 14 days of the receipt of the assessment by Ms Sharkey and Mr Mullally, LWB is to file the itemised assessment with my Chambers for the purposes of taxing the costs. Further directions will then be issued. The costs are to be paid within 28 days of the date of this Order (if the quantum is agreed) or the date the costs are taxed by the Commission, whichever is the latter.”
