Bevan v Souter

Bevan (the applicant) brought proceedings against Souter (the respondent) in the Federal Circuit and Family Court of Australia, alleging breaches of the National Employment Standards and a modern award concerning the termination of employment and the failure to pay accrued leave entitlements.

The court was required to determine whether the respondent had breached the Fair Work Act 2009 (Cth) by failing to pay the applicant's accrued leave entitlements upon termination. A further issue was whether the respondent was liable for these breaches, particularly in the context of undefended proceedings and the principles of accessorial liability.

Judge Brown considered the principles applicable to undefended proceedings, noting that while an applicant is not relieved of the burden of proof, the court may draw inferences from the evidence presented. The court found that the respondent had failed to pay the applicant's accrued annual leave and long service leave entitlements, constituting a breach of the Fair Work Act and the relevant modern award. The court also found the respondent to be directly liable for these breaches. The court ordered the respondent to pay the applicant the sum of $10,000.00 in respect of unpaid leave entitlements and $2,000.00 in respect of unpaid wages.