WA Can I Sue Someone for Legal Costs Incurred?

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Brooke Heath

16 September 2019
An employee really wanted to make an unfair dismissal case against us. We are a small business and she had been employed for less than 12 months so she was unable. Despite the UD claim lodged out of time Fairwork kindly suggested she look into general protections as the small business code didn't apply. She was pregnant at the time of her dismissal - obviously, her pregnancy had nothing to do with her dismissal).

She would then go on to lodge a GP claim also out of time.

We chose not to settle at any time as we knew it was rubbish. A year later she is still trying to go through small claims in the magistrates court. They have never mentioned any general protection violation and have even stated on record that the case is about the unfair dismissal - so can I sue because they have put us through this GP claim just because their UD claim was jurisdictionally barred.

Paul Cott

Well-Known Member
LawTap Verified
26 May 2014
Ballarat, Victoria
Hi Brooke,
When you say can you sue, as there seems to be a proceeding on foot you might be able to claim costs in the proceedings assuming you are successful at hearing of the matter. They would be party party costs. Hope that helps. Good luck.
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