Barhoum v All Districts Coating Pty Ltd & Anor (No 2)

The applicant, Barhoum, brought an action against All Districts Coating Pty Ltd, and two individuals associated with the company, for unfair dismissal, under the Fair Work Act 2009. The matter was heard in the Federal Circuit Court of Australia. The applicant was dismissed from his employment on 13 April 2006. He sought reinstatement, compensation for loss of salary, superannuation, and redundancy payments, and his legal costs. The respondents argued that the dismissal was not unfair, and that the applicant had breached his employment contract.

The court was required to determine whether the dismissal was harsh, unjust or unreasonable. The court also had to decide whether the applicant was entitled to compensation for lost salary, superannuation and redundancy, and his legal costs. The court considered the nature of the applicant’s employment, the reasons for his dismissal, and the fairness of the process. The court found that the dismissal was unfair, and that the applicant was entitled to compensation and his legal costs. The court held that the applicant was not entitled to reinstatement.

The court ordered that the respondents pay the applicant compensation for lost salary, superannuation and redundancy. The court also ordered that the respondents pay the applicant’s legal costs. The court held that there was no order for the applicant’s reinstatement.