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Costs in unfair dismissal cases

Information about when the Fair Work Commission will make a costs order in an unfair dismissal case.

About legal costs

Costs are:

  • lawyers fees, and
  • the expenses involved in running a case, such as fees for subpoenas, witnesses, and getting copies of records and expert reports. 

If someone wins a case, they may ask for an order that the other party pay their costs.

 

Costs orders

The Fair Work Commission (the Commission) is a 'no costs jurisdiction'. This means that usually the Commission will not make orders about costs after conciliation or a hearing. Each party will have to pay their own legal costs and expenses, whether they win or lose. 
 
Although costs orders are rare, in some cases, the Commission will make orders about costs after a hearing. That may happen if:

  • you made a frivolous or vexatious claim, or 
  • one party acted unreasonably by failing to discontinue or settle the matter.
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