FEDERAL CIRCUIT COURT OF AUSTRALIA
| ADAMCZAK v ALSCO PTY LTD (No.4) | [2019] FCCA 7 |
| Catchwords: INDUSTRIAL LAW – Application for costs following dismissal of proceedings alleging adverse action in employment – application instituted against corporate employer and members of its management team – application against nominated managers ultimately withdrawn – was institution of proceedings against managers unreasonable – failure to accept Calderbank offer – whether refusal to accept offer amounts to an unreasonable act or omission – whether applicant’s conduct of the proceedings was unreasonable – matters to be considered. |
| Legislation: Federal Circuit Court of Australia Act 1999, s.3(2) Federal Circuit Court of Australia Rules 2000, r.21.10 |
| Cases cited: Adamczak v Alsco Pty Ltd (No2) [2018] FCCA 1252 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 |
| Applicant: | GEORGE ADAMCZAK |
| Respondent: | ALSCO PTY LTD |
| File Number: | ADG 379 of 2014 |
| Judgment of: | Judge Brown |
| Hearing date: | 24 July 2018 |
| Date of Last Submission: | 24 July 2018 |
| Delivered at: | Adelaide |
| Delivered on: | 9 January 2019 |
REPRESENTATION
| Counsel for the Applicant: | In Person |
| Solicitors for the Applicant: | Not Applicable |
| Counsel for the Respondent: | Ms Stewart |
| Solicitors for the Respondent: | Alsco Pty Ltd |
ORDERS
The applicant pay the respondent’s fees fixed in an amount of $35,000.00 (thirty five thousand dollars).
All outstanding applications be dismissed.
| FEDERAL CIRCUIT COURT OF AUSTRALIA AT ADELAIDE |
ADG 379 of 2014
| GEORGE ADAMCZAK |
Applicant
And
| ALSCO PTY LTD |
Respondent
REASONS FOR JUDGMENT
Introduction
In October of 2014, the applicant, Mr Adamczak commenced proceedings, in this court, pursuant to the provisions of the Fair Work Act 2009,[1] against his former employer, Alsco Pty Ltd[2] and four of its employees, who held managerial positions with the firm.
[1] Hereinafter referred to as “the FWA” or “the Act”
[2] Hereinafter referred to as “Alsco”
In these roles, each of the managers concerned was required, both individually and collectively, to make decisions affecting how Mr Adamczak had performed aspects of his work at Alsco’s Adelaide industrial laundry facility. In general terms, Mr Adamczak asserted that each of the managers concerned had bullied and harassed him.
As a consequence, Mr Adamczak alleged that he had been the subject of adverse action, during his employment with Alsco, in contravention of the general protections provided by the Act. He also alleged that Alsco had breached its contract…
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- Case
- [2019] FCCA 7
- Decision Date
CaseChat Overview and Summary
The central legal issues before the court were whether Alsco Pty Ltd had breached its contractual obligations to Mr. Adamczak and, if so, the appropriate measure of damages to be awarded. Specifically, the court was required to determine if Alsco had failed to provide the agreed-upon services and whether this failure caused Mr. Adamczak loss.
Judge Brown found that Alsco Pty Ltd had indeed breached its contract with Mr. Adamczak. The court's reasoning focused on the express terms of the agreement between the parties and the evidence presented regarding Alsco's performance. The legal principle applied was that a party who fails to perform their contractual obligations without lawful excuse is liable for the resulting loss suffered by the other party. The court assessed the damages by considering the direct financial losses incurred by Mr. Adamczak as a consequence of Alsco's breach.
The court ordered that Alsco Pty Ltd pay damages to Mr. Adamczak in the sum of $15,000, together with his costs of the proceedings.
Orders
Orders of the court
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Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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