Loi Toma v Workforce Variable Pty Ltd T/A Workforce International Group

In the Fair Work Commission, Loi Toma applied for an order that Workforce Variable Pty Ltd T/A Workforce International Group pay his costs of an application. The application was for an order that Workforce International Group cease and desist from bullying and intimidating him, and that it pay him compensation for the harm suffered as a result of the bullying and intimidation. The application was adjourned on the basis that the parties were to attempt to resolve the matter through mediation. The legal issue before the Commission was whether Workforce International Group should be ordered to pay Toma’s costs of the application. In determining the issue, the Commission found that the application had been made in good faith and that there were reasonable prospects of success. The Commission also found that Toma had not unreasonably protracted the proceedings, and that it was just and equitable for Workforce International Group to pay Toma’s costs. Accordingly, the Commission made an order that Workforce International Group pay Toma’s costs of the application. The application was adjourned to allow for mediation between the parties.