Can costs be claimed in unfair dismissal proceedings?
Unfair dismissal claims are considered to not be a costs jurisdiction. This means that costs will not ordinarily be awarded to the successful party and therefore that each party will usually need to bear their own costs. Nevertheless, a successful party will have an opportunity to make a successful costs application if they can demonstrate any of the following: that the application was made without reasonable cause; that the application was frivolous or vexatious; either party unreasonably failed to agree to settle the matter.
