Former Employee Wins Costs Because Company Didn’t Attend Conciliation

Mr Bennett (the Applicant) sought costs against his former employer in relation to his unfair dismissal application before Fair Work Australia (Mr Andrew Bennett v Sere Corporate Solutions Pty Ltd t/as Perth Freightlines Pty Ltd).

The applicant sought his costs for the payment of the conciliation and arbitration, and the costs application because the Company did not attend the first conciliation and did not accept the Applicant’s reasonable offer of settlement.

The Commissioner issued a Certificate against the Company doubting that any valid reason existed for the termination, at the end of the second conciliation that the Company also did not attend (although their lawyer did). The matter then proceeded to arbitration, before Senior Deputy President (SDP) Drake and the Company did not follow the SDP’s directions in terms of statements and submissions (although it was noted that the failure to provide the documents did not add to the length if the arbitration hearing).

The settlement offer that the Applicant made was found to be acceptable by the SDP even though it contained items that could not be dealt with in that arena. SDP Drake found that it was unreasonable [of the Company] not to have responded to the offer made by [the Applicant] after contemplation of [the] certificate, and to have agreed to the terms of settlement that could lead to the discontinuance of the application.

SDP Drake ordered the Company to pay the Applicant’s costs from the date of the first adjourned conciliation until the conclusion of the current costs application - including the costs of assessing those costs.