Brisbane. The Commission granted indemnity costs to an unfairly dismissed IT worker after finding the employer’s defence was vexatious and based on false allegations about malware and misconduct.
Where: Brisbane
Case name: James Francis Camenzuli v Companion Systems Pty Limited [2025] FWC 2166
Date of decision: 24 July 2025
Link to full case: Click here to view decision
Who: James Camenzuli, IT worker at Companion Systems
What: Dismissed after false accusations of sending malware and misconduct
Outcome: FWC awarded indemnity costs due to employer’s vexatious and baseless defence
Legal Principle/s:
• Costs may be awarded where a party acts unreasonably or vexatiously in defending a matter
• Continuing to defend a claim after clear evidence is filed can justify indemnity costs
Commentary:
This case shows employers can face serious cost consequences if they pursue a defence based on false claims or fail to reassess their case after clear evidence is served.
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