the Applicant v WA Council on Addiction Inc T/A Cyrenian House
At a glance
- 2
What happened
the Applicant was employed as a part-time support worker by the WA Council on Addiction Inc T/A Cyrenian House (WACA) from February 2024, initially under a contract and later an Individual Flexible Workplace Agreement (IFA). Her position was made redundant in February 2024, and she interviewed for a new role. She sent emails from her work account to her personal account, which WACA investigated. WACA sought an order that the Applicant pay their legal costs related to her unfair dismissal application, citing her unreasonable actions and the apparent lack of prospects for her case.
What was decided
The Fair Work Commission dismissed WACA’s application for an order that the Applicant pay their legal costs. The Commission found that while the Applicant’s actions contributed to the costs, it was not satisfied that an order for costs should be made against her under sections 400A or 611 of the Fair Work Act. The Commission determined that the Applicant’s position was genuinely redundant and that redeployment would not have been reasonable due to her misconduct.
What it means for employers
Employers can seek cost orders against employees who unreasonably prolong legal proceedings, but the Commission has discretion in making such orders. The Commission will consider the employee's actions and the prospects of their case. Employers should ensure they follow proper procedures in redundancies and investigations, even if disciplinary action isn't pursued due to the employee's impending departure.
What it means for employees
Employees have the right to pursue legal action without fear of cost orders, although unreasonable actions can lead to such orders. Employees should be aware of their obligations regarding company emails and data. Even if disciplinary action isn't taken, breaches of policy can still be investigated.
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