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Employee representative fails to win stay of $29k costs order pending appeal

After his unreasonable actions caused an employer to spend $29k defending an unfair dismissal case, a paid agent has unsuccessfully argued for a stay of a costs order pending the outcome of his appeal.

Fair Work Commission Deputy President Alan Colman rejected all the agent's contentions, describing them as "very general", "not arguable", and "a bare assertion without a rationale".

The agent, HR Experts principal Michael Alkan, had been representing a security guard who was dismissed for misconduct.

In a decision handed down on 19 June this year, Deputy President Tony Slevin found the agent had conducted himself unreasonably – including by threatening to "bypass" conciliation, and failing to give adequate advice to his client. In doing so, the agent had caused the employer to incur legal fees of nearly $29k, and the Deputy President exercised his discretion to order costs against him (read HR Daily's coverage of that ruling here)...

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