TERMINATION OF EMPLOYMENT – costs – ss.394, 400A Fair Work Act 2009 – unfair dismissal application dismissed [[2016] FWC 2459] – respondent made an application for costs under s.400A of FW Act – respondent submitted that it incurred costs because of applicant’s unreasonableness in failing to settle matter – failure to settle was unreasonable due to fact that maximum compensation was offered, the prospect of reinstatement remote, and it was unclear what contractual rights the applicant had – mere fact that applicant unsuccessful in establishing he was dismissed does not mean his non-acceptance of the offer of settlement was unreasonable [Roy Morgan Research Ltd v Baker] – Commission held decision to not settle claim was not unreasonable, given that respondent wanted to seek a broader release than that of the existing litigation – Commission unable to determine applicant’s prospects of success with alternative claims not before it – necessary prerequisites for making a cost order not satisfied – application for costs dismissed. Wakeling v Foster Pharmacy P/L t/a Foster Pharmacy
