Theodore Geros v Professional Steering & Suspension Centre

In the Industrial Relations Court of Australia, the case of Theodore Geros versus Professional Steering & Suspension Centre arose from a dispute over the termination of the applicant's employment. The applicant, Geros, filed an unfair dismissal claim against the respondent, Professional Steering & Suspension Centre, but the case was dismissed. The court was tasked with addressing two applications, one from the respondent seeking costs incurred due to the applicant's failure to appear at the scheduled hearing, and another seeking costs from the applicant for the proceeding being deemed vexatious or instituted without reasonable cause.

The court examined the respondent's application for costs incurred by the failure of the applicant or his solicitors to appear for the hearing on the scheduled date. The court found that the applicant's solicitors did not properly apply to withdraw as a practitioner, leading to the respondent's solicitors and the respondent themselves incurring costs for preparation and the subsequent adjournment. The court held that the applicant's solicitors should pay the costs, which were fixed at $2,466.

The court then turned to the respondent's application for costs under Section 347 of the Industrial Relations Act 1988, which allows for costs to be awarded if the proceeding was instituted vexatiotously or without reasonable cause. The court assessed whether the applicant's claims had any reasonable basis at the time they were filed, considering the evidence of the applicant's false reference and his performance during the probationary period. The court found that the applicant's claims were without reasonable cause, and thus, it was proper to award costs to the respondent. These costs were fixed at $2,016.

In conclusion, the court ordered the applicant's solicitors to pay $2,466 in costs to the respondent, and the applicant himself to pay $2,016 in costs of the proceeding to the respondent. These orders were to be settled and entered in accordance with Order 36 of the Industrial Relations Court Rules.