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A full bench of the Fair Work Commission has affirmed an earlier decision denying costs to an employee who won her unfair dismissal case, finding the employer's objection to her claim, at the time, had a "reasonable prospect of success".

The full bench granted the employee permission to appeal the decision, finding it was in the 'public interest' to do so as it concerned the proper approach to section 611 (2) of the Fair Work Act. However, it ultimately rejected the appeal.

The early childhood teacher was dismissed from her employment with Amigoss Preschool and Long Day Care Cooperative Ltd in November 2020 on the basis she had engaged in physical abuse against a child. The employer claimed it had substantiated allegations she had tied a student's hands together with rope or tape on two separate occasions in 2017...