In Smith v State of Queensland (Queensland Health) [2024] ICQ 19, Paul Smith appealed against the Industrial Court's decision that dismissed his application for costs following his successful unfair dismissal claim. Employed by Queensland Health, Smith was dismissed after alleged misconduct at a work function, leading him to seek reinstatement through the Queensland Industrial Relations Commission (QIRC). While the QIRC found the dismissal unfair, it deemed reinstatement impracticable and awarded Smith compensation of $47,582.97, but denied his application for costs under the Industrial Relations Act 2016. Smith's appeal contended that this refusal of costs was erroneous, but Justice Davis affirmed the QIRC's decision, emphasizing that the department's defense was neither vexatious nor without reasonable cause. Therefore, the appeal was dismissed with no additional costs awarded.
Full text: https://www.sclqld.org.au/caselaw/149951