TERMINATION OF EMPLOYMENT – costs – s.394, 400A, 611 Fair Work Act 2009 – applicant lodged an application for unfair dismissal – both parties engaged legal representatives – additional conciliation was conducted by the Commission – applicant discontinued application prior to hearing – applicant submitted that the respondent’s application for costs was instituted vexatiously with the primary purpose to harass and/or embarrass the Catholic Church – also submitted that the application was instituted without reasonable cause and had no reasonable prospects of success – applicant submitted that had acted on legal advice – also submitted that applicant had agreed to participate in two conciliation conferences necessitating increased legal expenses yet had refused to make any offer to settle the matter at either conference – Commission satisfied that applicant did not act vexatiously – found application was not lacking in merit or manifestly untenable – found did not participate in an unreasonable act or omission and that applicant withdrew application based on legal advice – application for costs dismissed. Mott v Diocese of Lismore t/a Diocese of Lismore
