TERMINATION OF EMPLOYMENT – costs – ss.400A, 611 fair Work Act 2009 – application for costs by respondent in dismissal matter – unfair dismissal application dismissed – applicant sought permission to appeal – appeal refused – respondent submitted it incurred costs because of multiple unreasonable acts by applicant when they failed to accept settlement offers – respondent sought costs – Commission has power to award costs where first party causes other party to incur costs because of an unreasonable act or omission – factors to consider include outcome of application, frequency of offers, whether settlement discussions were made early enough to minimise or mitigate costs and whether first party was advised by other party that they would be seeking costs – Commission satisfied applicant aware employer intended to pursue costs – Commission satisfied applicant unreasonably rejected $25,000 offer – Commission satisfied applicant caused costs to be incurred by employer because of unreasonable act of failing to agree to terms of settlement – Commission not prepared to order applicant to pay all costs – respondent directed to file and serve itemised schedule of costs by 7 December 2015. Nesbitt v Dragon Mountain Gold Limited.
…
