General protections’ cases; conciliation requirements

In an interesting recent decision of the Federal Circuit Court, an applicant, who had resigned her employment, brought a breach of the general protections’ case against her former employer alleging various counts of unlawful adverse action. Although in a general sense the applicant alleged in her claim facts to the effect that she had been […]

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 […]

General protections; assessing compensation for contraventions Part 2

Compensation for general protections contraventions Part 2; how to calculate compensation for economic lossEconomic loss“I am satisfied that, in determining the economic loss suffered by the Applicant, because of the contraventions, the proper approach to be adopted, given the Applicant was terminated from her employment, is that set out at [5] above.I do not consider […]

Calculating compensation for general protections breach; Part 3

Compensation for general protections contraventions Part 3; how to calculate compensation for non-economic lossNon-economic loss“I first deal with the Respondents’ argument that the Applicant has failed to prove her case, because of the lack of medical evidence to support her argument that she suffered anxiety, distress, insomnia, panic attacks, loss of self-esteem and suicidal ideation. […]

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 […]

Compensation for unlawful dismissal

There are a number of provisions of the Fair Work Act which render certain dismissal unlawful, including the general protections. Compensation for unlawful dismissal is rarely ordered by the Federal Court or the Federal Circuit Court of Australia primarily because it is so expensive to litigate in those courts. And although the jurisdiction is costs […]

Compensation for unlawful dismissal

The title of this post is technically abstract because there is no cause of action known to Australian law called “unlawful dismissal”; it is a colloquial term and its  correct title should probably be “compensation for a breach of the general protections involving a dismissal.” So that is what this post is about. Compensation for […]