costs

Costs in unfair dismissal applications – part 2

An earlier article by Dundas Lawyers discussed the difficulties confronted in obtaining a costs order against an unsuccessful party in an unfair dismissal claim.  To recap, subsection 611(1) of the Fair Work Act 2009 (Cth) (FWA) holds that a party to an unfair dismissal application, be it the complainant employee or the respondent employer, must bear its own costs in relation to a matter before the Fair Work Commission (FWC). [Read more…]

Costs in unfair dismissal applications – part 1

Being in business is hard work at the best of times; having to juggle the needs of customers, the demands of financiers and earning a dollar at the end of the day.  One of the most demanding aspects for many business owners is managing the performance of employees.  Given the industrial relations landscape in Australia, employers need to take care if wanting to terminate an employee because of misconduct or ongoing poor performance, lest they risk an unfair dismissal claim. [Read more…]

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