Compensation for adverse action

In Stanley v Father Michael Court (2014) FCCA 156, delivered on 14 January 2014 the Federal Circuit Court of Australia has awarded compensation of $10,000 for the hurt and humiliation which was suffered by a senior nurse who the Court found was the victim of adverse action (dismissal) as a result of the nurse exercising […]

Compensation for adverse action

A female photographer has been awarded compensation and penalties totaling almost $240,000 after she resigned due to adverse action by the proprietors of the business which was found by the Federal Circuit Court of Australia to be motivated by her heavy pregnancy. The conduct of the owners of the business was found to include instructing […]

Compensation for adverse action (disability)

A worker with a heart condition has won an adverse action verdict against a company which argued that his departure from the company was by mutual agreement. The Federal Court rejected the argument (which was made curiously and if I may say so dangerously in a no case to answer submission on the basis that […]

The game is up: adverse action compensation includes allowance for hurt and humiliation

The Fair Work Commission, in a very rare consent arbitration of a general protections claim (Masson-Forbes v Gaetjens Real Estate Pty Ltd (2015)] FWC 4329 delivered 26 June 2015), has awarded economic and non-economic compensation for unlawful adverse action in the form firstly of a forced resignation and then bringing forward the applicant’s resignation after […]

The complicated world of adverse action

The Federal Court has upheld an adverse action claim (and fined the company) for refusing to employ a former union official in part because of his history and thus accepted that the company had breached s.346(a) of the Fair Work Act which prohibits the taking of adverse action because the person had engaged in industrial […]

General protections: how to calculate compensation Part 1

How to assess compensation for general protections’ contraventionss.545(2)(b) of the Act provides that the Court may make “an order awarding compensation for loss that a person has suffered because of the contravention”. There must, therefore, be “an appropriate causal connection between the contravention and the loss claimed”: see Australian Licenced Aircraft Engineers Association v International […]

Massive compensation for adverse action

The Federal Court of Australia has awarded a worker $1.3 M in compensation plus interest (and ordered the employer to pay a civil penalty of $50,000 to his union) for adverse action for exercising a workplace after the employer stood him down several days after the worker obtained an award of damages against the employer […]

Rare award of general damages for general protections’ case

In a reasonably rare award of damages for non-economic loss by the Federal Circuit Court in a general protections’ case, an applicant has been awarded $15,000 for general damages. The case is more interesting that persuasive or authoritative, because the defendant was in liquidation and in a sense the case was not defended, but one […]

Fair work general protections and contractual rights dissected

The sometimes complex interaction between statutory fair work rights under the Fair Work Act and an employee’s express and implied contractual rights is at the heart of an interesting Federal Court Circuit case delivered on Christmas Eve.A pool supply company sacked its general manager after the directors alleged that he had misconducted himself in the […]

How to pass the BOOT test

As most practitioners are aware, an enterprise agreement cannot be registered by the Fair Work Commission unless the Commission is satisfied that the proposed agreement renders the employees who are to be covered by it better off overall than if the applicable award is applied. But how is the BOOT test applied? Here is the […]