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Despite defending an unfair dismissal claim from a worker it had "every right" to sack, an employer has failed to win an order for all of its legal costs.

"Paradoxically," said Deputy President Alan Colman, while a weak case was more likely to engage the Fair Work Commission's discretion to award costs, such a case made it less likely that an employer's costs were "reasonably required".

After hearing the Delmont Private Hospital employee's claim last year, Deputy President Colman found the employer had been "more than reasonable" when it reminded her multiple times that it couldn't offer her shifts until she had completed some mandatory training modules...