Bahonko v Sterjov

The case of Bahonko v Sterjov involved a complex dispute relating to the employment and subsequent termination of Ms Bahonko at La Kosta Child Care Centre & Kindergarten Pty Ltd, managed by Ms McEwan. Ms Bahonko was employed on a trial basis and terminated just four days later due to allegations of serious misconduct, including physical and psychological abuse of children and verbal abuse of staff. Ms Bahonko filed applications under the Workplace Relations Act 1996 and the Human Rights and Equal Opportunity Act 1996, which were dismissed by Jessup J. Ms Bahonko also pursued claims in the Court’s accrued jurisdiction, with a defamation claim against La Kosta being successful, resulting in an award of $50 in damages.

The primary legal issues the court had to address were whether the substantive orders made by Jessup J, including the dismissal of Ms Bahonko's applications and the award of nominal damages, were correct. The appeal also included a challenge to the costs orders made by Jessup J in the substantive proceedings. The court's role was to review the reasoning and evidence presented by Jessup J and determine if there were any errors in law or if the findings were unreasonable.

Goldberg J dismissed an application by Ms Bahonko for a stay of the substantive orders, and Jessup J subsequently made orders regarding costs. Ms Bahonko appealed these costs orders, leading to a comprehensive review of the entire case. The court found that the substantive orders were correctly made, and the appeal was without merit. The reasoning involved a detailed analysis of the evidence and legal principles applied by Jessup J. Ultimately, the court dismissed the notice of motion and ordered Ms Bahonko to pay the respondents' costs of the proceeding.