TERMINATION OF EMPLOYMENT – costs – ss.394, 611 Fair Work Act 2009 – applicant’s unfair dismissal application dismissed because she had not served the minimum employment period – respondent applied for costs – submitted it should have been reasonably apparent to applicant that application had no reasonable prospects of success – further submitted application was lodged out of time and applicant not employed for minimum employment period – applicant submitted that respondent could have saved costs if they had responded to claim promptly and that her term of employment was six months – Commonwealth of Australia v Wilson considered – Commission not satisfied application had no reasonable prospects of success given the respondent sent the email dismissing the applicant at 11.41pm on 28 October 2015 when to have been employed for six months she needed to have still been employed at midnight on that day – Commission found it was not reasonably apparent to applicant that lodging application out of time meant that it had no prospects of success – also found not reasonably apparent to applicant that respondent was small business until respondent filed evidence proving such – Commission power to award costs discretionary – Commission considered this an occasion where costs should not be ordered – applicant unrepresented and inconsistent information put forward by respondent – application for costs dismissed. Whitton v Trustee for Rahul Family Trust t/a United Partners Transport and Logistics P/L.
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