TERMINATION OF EMPLOYMENT – costs – ss.394, 611 Fair Work Act 2009 – employee applied for a costs under ss.400A, 401 and 611 of FW Act against employer – employee submitted that given the decision of the AAT in 2011 and 2012 it should have been reasonably clear to the ATO and its lawyers that the termination of his employment was harsh, unjust and unreasonable – further submitted that given his ill health it was necessary for him to engage lawyers – s.400A only applies to dismissals that took effect after the commencement of Fair Work Amendment Act 2012 – as employee’s employment terminated in 2011 the Commission does not have the jurisdiction to make an order under s.400A – for the same reason amendments to s.401 did not apply to employee’s dismissal – s.611 provides that a person must bear their own costs unless the Commission is satisfied a person has acted vexatiously or without reasonable cause – Commission found employer did not respond to employee’s application vexatiously or without reasonable cause – costs application dismissed. Singh v Australian Taxation Office.
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