FAVAGER v MSW NO 1 Pty Ltd Trading as Macarthur and South West United FC

The applicant, Favager, sought costs against the respondent, MSW No 1 Pty Ltd trading as Macarthur and South West United FC, following proceedings in the Industrial Relations Commission of New South Wales. The dispute concerned an application for unfair dismissal.

The primary legal issue before the Commission was whether it should exercise its discretion to award costs in favour of the applicant, and if so, on what basis. This involved considering the relevant principles governing cost orders in industrial relations matters, particularly in the context of an unsuccessful unfair dismissal claim.

Judge Cameron considered the applicant's submissions regarding the respondent's conduct during the proceedings, including allegations of unreasonable conduct and the pursuit of a hopeless case. The Commission noted that while costs are not awarded as of right in unfair dismissal matters, a discretion exists to award them where circumstances warrant. The judge ultimately found that the respondent's conduct did not meet the threshold for an award of costs against them, applying the principle that costs should generally follow the event unless there are compelling reasons to depart from that approach. The Commission determined that the respondent's actions, while perhaps not ideal, did not amount to the type of vexatious or unreasonable conduct that would justify a departure from the usual rule.

Consequently, the Commission made no order as to costs.