TERMINATION OF EMPLOYMENT – costs – ss.394, 400A and 611 Fair Work Act 2009 – application by respondent for costs against the applicant on indemnity basis – Commission dismissed applicant’s unfair dismissal application on 14 December 2015 – prior to the application being dismissed the respondent made an offer to settle on 12 June 2015 not in a conciliation conference that was ‘without prejudice save as to cost’ – additional settlement offers were made by the respondent in conciliation conferences prior to 14 December 2015 – respondent submits the applicant’s rejection of the settlement offer on 12 June 2015 was an unreasonable act in connection with the continuation of the matter causing the respondent to incur costs – applicant submits his rejection of the 12 June 2015 offer was not unreasonable and that the Commission should also take into account the negotiations and settlement offers made in conciliation conferences for this matter – Commission held that offers in conciliation conferences cannot be considered in costs applications [McKenzie & McDonald] unless the offer is subsequently repeated on an open basis – held the applicant’s refusal to accept the settlement offer on 12 June 2015 was unreasonable and caused costs to be incurred by the respondent – held the applicant had sufficient information to conclude his application had no prospect of success at 12 June 2015 – costs of $13,875.70 ordered on an indemnity basis because applicant’s failure to accept the offer of settlement involved the continuation of proceedings in wilful disregard of known facts and also was an imprudent refusal of an offer to compromise – costs order to be issued. Ferry v GHS Regional WA P/L t/a GHS Solutions
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