TERMINATION OF EMPLOYMENT – costs – ss.394, 611 Fair Work Act 2009 – applicant refused an extension of time to make unfair dismissal application – respondent applied for costs associated with defending application – respondent applied for costs associated with defending application – respondent submitted application made vexatiously and without reasonable prospect of success – applicant was casual employee and had made application 399 days after the dismissal took effect – Commission found insufficient basis to conclude application was pursued vexatiously or without reasonable cause – right of employee to make application should not be restricted and as such there is a high bar to the granting of costs – distinction made between ‘very limited prospects of success’ and ‘no reasonable prospects of success’ – Commission not satisfied that applicant’s case so hopeless that it should have been reasonably apparent that there were no reasonable prospects of success – application for costs dismissed. Zamegar v Guardian Network t/a Guardian Network P/L
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