TERMINATION OF EMPLOYMENT – costs – ss.394, 400A, 611 Fair Work Act 2009 – application by respondent for costs – respondent alleged applicant acted unreasonably in continuing to deny conduct proven by evidence of witnesses and refusing settlement offers – applicant’s position was that he was seeking to clear his name and sought reinstatement – Commission found dismissing an application was not a foundation for awarding costs – not satisfied it was initially apparent to applicant that his case was groundless – found that applicant should pay costs from the time of his refusal of the second settlement offer, when it was reasonably apparent his case had no reasonable prospect of success, to the conclusion of the merits hearing – parties ordered to agree on amount and payment method. Applicant v Respondent
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