TERMINATION OF EMPLOYMENT – costs – ss.394, 604, 611 Fair Work Act 2009 – permission to appeal – Full Bench – at first instance Commission dismissed application for remedy from unfair dismissal – decision was appealed and Commission granted permission to appeal [ex tempore decision issued 25 August 2015] – Full Bench received written submissions and upheld appeal, quashed first instance decision, re-determined employees application and dismissed application [[2015] FWCFB 5264] – employer then made application to Full Bench for the applicant to pay its costs for the hearing at first instance and on appeal – employer submitted that both limbs of s.611(2) of FW Act were applicable to both proceedings and that the discretion to order costs should be exercised – submitted employee fabricated version of events to support application that was designed to harass employer and that application was vexatious – argued that employees argument that summary dismissal provisions of Small Business Fair Dismissal Code (the Code) was without merit – argued employer was put to significant inconvenience, stress and expense by proceedings – Full Bench considered the interpretation and application of s.611(2)(a) [Church & Eastern Health] and s.611(2)(b) [Salva Resources] – Full Bench not prepared to accept, having not heard the evidence that employee deliberately fabricated his evidence – Full Bench found employee was ultimately successful on appeal that the summary dismissal provisions of the Code did not apply to his dismissal – found that whilst application was ultimately unsuccessful, it could not be said that his case was unarguable on the merits – Full Bench held that employee did not institute or maintain proceedings vexatiously and employee did not institute proceedings without reasonable cause or without reasonable prospect of success – application for costs dismissed. Appeal by Ryman against decision of Cambridge C of 12 June 2015 [[2015] FWC 3942] Re: Thrash P/L t/a Wisharts Automotive Services.
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