TERMINATION OF EMPLOYMENT – costs – ss.394, 611 Fair Work Act 2009 – application by respondent for costs – applicant was employed as Production Team Leader with respondent prior to termination on 11 July 2016 – application for relief from unfair dismissal lodged by applicant was dismissed on 3 October 2016 – respondent submitted that the application was made vexatiously, without reasonable cause and had no reasonable prospects of success because it was lodged outside of 21 days without explanation for the delay; applicant was a casual employee; and applicant was dismissed for serious misconduct – respondent further submitted the applicant provided misleading information on the application by stating the date of dismissal took effect on 22 July 2016 rather than the actual date of 11 July 2016 – respondent claimed $1980.00 incurred in legal costs – s.611 FW Act considered – Commission satisfied that application was not made vexatiously as applicant believed that he was entitled to payment in lieu of notice based on letter sent in error from respondent and that the effective date of dismissal was, therefore, at end of notice period on 22 July 2016 – applicant took advice from employment law centre to lodge a remedy for unfair dismissal claim – Commission satisfied there were no circumstances in which it was reasonably apparent to applicant that the application was unlikely to be successful, particularly since the effective date of dismissal was disputed – application for costs dismissed. Brown v Kingskipp P/L atf the RJ King Family Trust t/a Gateway Printing
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