A recent decision challenging the commonly held view that adverse action claims are effectively ‘no costs’ matters under the Fair Work Act 2009 may have significant effect on future claims.
In Cugura v Frankston City Council (No.2) FMCA 530, Federal Magistrate O’Sullivan awarded costs to an employer (the Frankston City Council) from an employee who unsuccessfully pursued an adverse action claim. This costs ruling signifies a departure from the general judicial reluctance to award costs in such matters.