Termination of employment – security for costs – ss.394, 404A Fair Work Act 2009 – application for unfair dismissal remedy – respondent made application for security for payment of costs – dispute whether applicant resigned employment – respondent submitted matter brought vexatiously by applicant without reasonable prospect of success – respondent further contended applicant failed to provide adequate written materials prior to hearing – Commission held exercise of discretion to order security for costs limited to exceptional circumstances provided in Zordana and Home Theatre Group – existence of possible resignation not sufficient to conclude whether dismissal occurred – unable to conclude matter brought vexatiously or that application has no reasonable prospect of success – contrary to s.381 of FW Act to draw conclusions from inadequacy of written materials provided by applicant – order for security of costs would discourage applicant from pursuing application for unfair dismissal – no other extraordinary circumstances present – application for security for costs dismissed. Cole v PQ Australia P/L t/a PQ Australia.
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