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An employee aimed to "attack the competence" of an organisation's directors to make his own evidence more persuasive, but this didn't make his unfair dismissal claim vexatious, the Fair Work Commission has found.

In November 2023 the Commission rejected the venue manager's unfair dismissal claim, and in August this year it refused to grant him leave to appeal that decision.

Sandgate Taphouse, trading as the Sandgate Post Office Hotel, then applied to the Commission for an order that the employee pay its legal costs, amounting to $33,365.

It argued such an order was warranted because the employee had made his claim vexatiously and without reasonable cause, and his failure to accept any of its three settlement offers amounted to unreasonable acts...