Can the Fair Work Commission order costs against the applicant?
- Generally speaking the Fair Work Commission is a no costs jurisdiction. This means that each party pays for their own legal fees.
- However the commission may order an employee or employer to pay some of the other party’s costs in an unfair dismissal application where:
- the application or response was frivolous, vexatious or did not have a reasonable cause; or
- there were no reasonable prospects of success.
- You can use our Phone a Lawyer service for a preliminary legal consultation if you think you may need legal advice.
Read some more FAQS from our Employment & Industrial Relations section