Ms Zeena Fadheel v Douglass Hanly Moir Pathology Pty Ltd

Ms. Zeena Fadheel applied to the Fair Work Commission for a certificate under section 368 of the Fair Work Act 2009, seeking to proceed with a general protections claim against her former employer, Douglass Hanly Moir Pathology Pty Ltd. The Commission previously dismissed Ms. Fadheel’s application for a certificate to proceed with an anti-bullying claim, which was subsequently settled. After the settlement of the anti-bullying claim, Ms. Fadheel lodged a new general protections claim, and now sought a certificate to proceed with this claim. The employer opposed the application on the grounds that the claim had no reasonable prospects of success, and that it was frivolous, vexatious, and instituted without reasonable cause.

The Commission was required to determine whether Ms. Fadheel’s application for a certificate to proceed with the general protections claim had reasonable prospects of success. In making this assessment, the Commission had to consider whether the claim was frivolous or vexatious, and whether it was brought without reasonable cause. The Commission also considered whether the applicant’s conduct had been unreasonable and whether it had abused the process of the Commission.

The Commission found that Ms. Fadheel’s general protections claim had no reasonable prospects of success, and that her application for a certificate was frivolous, vexatious and instituted without reasonable cause. The Commission found that the claim was an abuse of process and that Ms. Fadheel’s conduct had been unreasonable. The Commission noted that Ms. Fadheel had already settled a similar claim, and that her new claim was an attempt to relitigate the same issues. The Commission also noted that Ms. Fadheel had engaged in inappropriate and unacceptable conduct during the proceedings. The Commission found that indemnity costs were appropriate in these circumstances, and ordered Ms. Fadheel to pay the employer’s costs pursuant to sections 375B and 611 of the Fair Work Act. The Commission also made further orders based on the Commission’s Schedule of Costs.

Ms. Fadheel’s application for a certificate to proceed with her general protections claim was dismissed, and she was ordered to pay the employer’s costs. The Commission found that the claim had no reasonable prospects of success, and that it was frivolous, vexatious and instituted without reasonable cause. The Commission also found that Ms. Fadheel’s conduct had been unreasonable, and that she had abused the process of the Commission. The Commission ordered Ms. Fadheel to pay the employer’s costs pursuant to sections 375B and 611 of the Fair Work Act, and made further orders based on the Commission’s Schedule of Costs.