(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 252Kbecause 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.