Can I get my union fees and travel costs back if I win my unfair dismissal case?
The situation
I am currently based in Melbourne, Victoria, and I am dealing with a messy situation regarding my former employment at a large retail chain. I was unexpectedly let go back in early February 2024, which I believe was completely unfair. After some initial hesitation, I decided to lodge a formal claim last month. Because I cannot afford a private solicitor, I have been working with my union representative to help me prepare my case and attend the hearings. During this whole process, I have incurred several expenses. I had to pay a specific fee to the union for their assistance in managing my dispute, which came to about $450, and I have also spent roughly $120 on petrol and parking for various meetings and the actual hearing last Tuesday. I have already tried talking to my former manager about a settlement, but they refused to cover any of my out-of-pocket costs. Now that the matter is heading towards a decision, I am really worried about the financial side of things. If the commission rules in my favour, am I actually allowed to ask for the money I spent on my union's help and my travel, or are those types of costs just not covered?
Quick Summary
It depends on whether the Fair Work Commission (FWC) decides to award costs and if your expenses are included in their official schedule. While you can ask for these costs, there is no automatic right to get your $450 union fee or $120 travel costs back just because you win your case.
Detailed Analysis
Statutory Citations
Legal Citation: Fair Work Act 2009 § Section 781A — Schedule of costs
"A schedule of costs may be prescribed in relation to items of expenditure likely to be incurred... including expenses arising from the representation of a party by a person or organisation other than on a legal professional basis."View Official Legislation →
Legal Citation: Fair Work Act 2009 § Section 392 — Remedy—compensation
"The amount ordered by the FWC to be paid to a person under subsection (1) must not include a component by way of compensation for shock, distress or humiliation"View Official Legislation →
Important Legal Disclaimer
General legal information, not formal legal advice. The information provided on LawAsked does not constitute formal legal advice and creates no attorney-client relationship. If you require legal assistance, please consult a licensed attorney in your jurisdiction.
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