An employee pursuing an unfair dismissal claim has had to provide a $4,000 bond to cover costs, following a successful application by her employer to FWA.

Job Futures SEQ applied under s658 and Rule 39 of the Workplace Relations Act for security of costs, arguing the former employee's application was "manifestly deficient" as her position wasn't terminated. (Section 611 of the Fair Work also provides that FWA can order costs if satisfied an application was vexatious or without reasonable cause, or if it should have been apparent there was no reasonable prospect of success.)

The employer submitted that two conciliation conferences had failed to resolve the matter, and that the woman's application was filed 77 days out of time. It continued that the FWO had declared that her employment hadn't been terminated,

Jobs Futures SEQ had originally sought $2,000 but doubled this after travelling to attend the second conciliation conference, where the former employee declined its offer to end the matter.

Commissioner Paula Spencer said that even though it was the employer's decision to attend in person, $4,000 was "a reasonable amount in consideration of the future potential litigation associated with the application, given the jurisdictional matters to be dealt with".

In making the assessment Commissioner Spencer said she was aware that the employee had sought to keep her financial affairs private and had not required her to disclose her affidavit of financial status to the employer.

Commissioner Spencer said $4,000 was "appropriate in the circumstances", having taken into account the employer's amended amount of security sought, the employee's financial position, and the potential matters to be considered at jurisdiction and arbitration