QLD Successful cost against employer - vexatious, unreasonable etc

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Poidah

Well-Known Member
9 November 2017
145
6
419
Qld
Has there been any successful cost decisions against employers?
All the successful actions I have found were against employees, which is understandable because employees are the ones who make the initial action. Also employees have potentially less access to legal support and expertise, leading to more exposure to genuine action being found to be actually vexatious or improbably to success. It seems improbable that there has not been any employers who have made claims that are not vexatious, unreasonable though? It would be great to have a test case to help illustrate this and provide support for further employees who struggle against employers who lie and make false claims.

['vexatiously or without reasonable cause, or with no reasonable prospect of success'] - Costs
 

Rod

Lawyer
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27 May 2014
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Not quite what you wanted: Harper v Tingmak Pty Ltd & Ors [2020] FCCA 626 at para [52]
 

Poidah

Well-Known Member
9 November 2017
145
6
419
Qld
Wow, thank you so much Rod! That is a fantastic case and very helpful, I was not aware of the "Notice of Offer to Compromise".
I am frustrated that in my case, a Deed of Settlement by other side was not offered.

I can't believe that in that Harper case, the employers and decision makers did not attend court at all, amazing stuff.