(1)This section applies if—
(a)the applicant for an adjudication application made a conciliation application for the same dispute; and
(b)the respondent to the adjudication application was the respondent to the conciliation application; and
(c)the commissioner ended the conciliation application under section 252K because the respondent failed, without reasonable excuse, to participate in the department conciliation.
(2)If asked by the applicant, the adjudicator may order the respondent to pay to the applicant the amount paid by the applicant under section 239(1)(c) as fees for the conciliation application and adjudication application.