Corke-Cox v Crocker Builders Pty Ltd

Richard Perry Corke-Cox (Corke-Cox) commenced an action against Crocker Builders Pty Ltd (Crocker Builders) in the Federal Magistrates Court in Brisbane seeking damages for unfair dismissal. Corke-Cox alleged that he was dismissed because he exercised a workplace right, namely, to claim workers’ compensation benefits in respect of a shoulder injury. Corke-Cox contended that his dismissal was in breach of the Fair Work Act 2009 (Cth) and that Crocker Builders were liable to compensate him. Crocker Builders denied that Corke-Cox was their employee. They contended that he was an independent contractor and that they had lawfully dismissed him on the basis of his unsatisfactory performance. Crocker Builders contended that they were not obliged to pay Corke-Cox compensation because they had not dismissed him, they had not contravened the Fair Work Act, and they had not acted in an unlawful manner. The Court found that Corke-Cox was an employee of Crocker Builders. The Court found that Crocker Builders dismissed Corke-Cox and that the dismissal was in breach of the Fair Work Act. The Court found that Crocker Builders had contravened the Fair Work Act by taking adverse action against Corke-Cox. The Court found that the adverse action taken was because Corke-Cox had exercised a workplace right, namely, to claim workers’ compensation benefits. The Court awarded Corke-Cox $7,000.00 in lost wages, $516.00 in interest, $630.00 in lost superannuation contributions, and $111.00 in interest on lost superannuation contributions. The Court also awarded Corke-Cox a pecuniary penalty of $5,000.00.