Golowenko v Clime Investment Management Ltd

In the Fair Work Commission, Golowenko brought a claim against Clime Investment Management Ltd for unfair dismissal, alleging that his termination was due to his exercisable workplace rights. The matter proceeded to a hearing, and after unsuccessful mediation, the respondents made a settlement offer of $35,000, which decreased by $5,000 per week if not accepted within seven days. Golowenko sought costs on an indemnity basis, arguing that the respondents' actions were unreasonable. The Commission considered whether the justice of the case required indemnity costs or if there was a special or unusual feature of the case that warranted departure from the ordinary practice.

The central issue before the Commission was whether the applicants' actions were so unreasonable as to justify an award of indemnity costs. The Commission noted that the test for such costs involved whether the justice of the case required it or if there was a special or unusual feature of the case. Golowenko argued that the respondents' actions were unreasonable and that the settlement offer was inadequate. The Commission considered the evidence and concluded that the applicants' actions were not unreasonable, given the context of the case and the settlement offer made.

Given the above, the Commission found that the applicants' actions were not so unreasonable as to warrant indemnity costs. The settlement offer, though initially below what Golowenko sought, was not deemed unreasonable given the circumstances. The Commission dismissed the application for costs on an indemnity basis.

The Fair Work Commission dismissed the application for indemnity costs, finding that the applicants' actions were not unreasonable. No costs were awarded to Golowenko.