Al-Hakim v Toyoor Al Jannah Pty Ltd and Ors (No.2)

In *Al-Hakim v Toyoor Al Jannah Pty Ltd and Ors (No.2)*, the applicant, Mr Al-Hakim, sought final relief and the imposition of penalties against the respondents, Toyoor Al Jannah Pty Ltd and its directors, Mr and Mrs El-Hage. The dispute concerned alleged contraventions of the *Fair Work Act 2009* (Cth) and related employment laws. The matter was heard in the Federal Court of Australia before Judge Manousaridis.

The court was required to determine whether the respondents had contravened specific provisions of the *Fair Work Act 2009* (Cth), including those relating to minimum employment entitlements and record-keeping obligations. A key issue was the extent of the respondents' liability for these contraventions, particularly in light of their roles as directors of the corporate respondent. The court also had to consider the appropriate penalties to be imposed for any proven contraventions, including compensation for the applicant and civil penalties.

Judge Manousaridis found that the respondents had contravened the *Fair Work Act 2009* (Cth) in relation to the applicant's employment. The court applied principles of statutory interpretation to ascertain the scope of the respondents' obligations and liabilities. The reasoning focused on the direct involvement of the directors in the management and operation of the company, leading to their personal liability for the contraventions. The court ordered the respondents to pay compensation to the applicant and imposed civil penalties for the breaches of the Act.