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ARTICLE · 23 AUGUST 2018

Rare win for employer in indemnity costs case

Cooper Grace Ward
Cooper Grace Ward
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The FWC found that the office manager persisted with a 'doomed to fail' unfair dismissal application in a vexatious bid.

AustraliaEmployment and HR
Belinda Winter
Belinda Winter
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In a rare win for employers, the Fair Work Commission has recently taken the unusual step of ordering indemnity costs against a manager accused of HR breaches, finding she kept pressing a 'doomed to fail' unfair dismissal application in a bid to inflict maximum harm.

We discuss the case of Charles Parletta Real Estate Pty Ltd v Ms Maria D'Ortenzio and Mr Nicola Minicozzi [2018] FWC 3286 below.

FACTS

In the original unfair dismissal proceedings between the parties , the Commission had determined that Charles Parletta Real Estate Pty Ltd (CPRE) had a valid reason for dismissing the office manager, finding her conduct, after being suspended over HR-related allegations, was treacherous, breached her contract and fatally damaged her working relationship with CPRE.

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