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$29k costs order stands after unreasonable actions during unfair dismissal claim

A paid agent who acted unreasonably while representing a worker in unfair dismissal proceedings must pay an employer nearly $29k, after a Fair Work Commission bench denied his appeal against the costs order.

As HR Daily reported previously, the principal of HR Experts, Michael Alkan, had represented a security guard who was dismissed for misconduct by Australian Concert and Entertainment Security Pty Ltd.

In a decision handed down in June this year, Deputy President Tony Slevin found the agent had conducted himself unreasonably – including by threatening to "bypass" conciliation, and by failing to give adequate advice to his client or pass on the employer's settlement offer. In doing so, the agent had caused the employer to incur legal fees of $28,952.20, and the Deputy President exercised his discretion to order the full amount of those costs against him.

The agent lodged an appeal, seeking a stay of the order in the interim. But last month Deputy President Alan Colman refused the latter application, describing the agent's various contentions as "very general", "not arguable", and "a bare assertion without a rationale" (read HR Daily's coverage of that decision here)...

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