Qube Ports Pty Ltd v the Applicant & the Respondent
Citation: [2026] FWC 2507
At a glance
- Employees affected
- 1
What happened
Qube Ports Pty Ltd commenced proceedings seeking costs against the Applicant and his representative, Mr Pedram Mohseni. The Applicant was dismissed from his role as a stevedore with Qube in February 2025 and subsequently filed an unfair dismissal application which he later discontinued. The dispute involved issues relating to medical records, drug use, and allegations of illegal activity during the Applicant’s employment. Mr Pedram Mohseni acted as the Applicant’s representative after the initial representative ceased acting.
What was decided
The Fair Work Commission (FWC) awarded costs against both the Applicant and Mr Pedram Mohseni. The FWC found that the Applicant’s application lacked reasonable prospects of success, and his representative encouraged him to continue with it despite this. The FWC also considered the circumstances surrounding the production of medical records and other documents. The parties are now required to confer regarding the quantum of costs.
What it means for employers
Employers should carefully assess the merits of claims before pursuing cost orders against employees or their representatives. Documenting offers of settlement and clearly communicating concerns about a claim's prospects can strengthen a position when seeking costs. It is important to be aware of the circumstances under which costs orders may be awarded, particularly regarding unreasonable conduct.
What it means for employees
Employees should carefully consider the merits of any legal action before commencing proceedings. Seeking advice from a lawyer and understanding the potential risks, including cost orders, is crucial. Disclosing relevant information upfront can avoid further complications and potentially reduce costs if a claim is discontinued.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →