Dorsch v HEAD Oceania Pty Ltd

In Dorsch v HEAD Oceania Pty Ltd, the applicant, Mr Dorsch, sought relief under the Fair Work Act 2009 (Cth) and the common law for various alleged breaches of his employment contract by his former employer, HEAD Oceania. The primary issues for determination were whether Mr Dorsch had been subjected to adverse action contrary to the Fair Work Act, whether HEAD Oceania had failed to pay his annual leave entitlements upon termination, and whether the termination itself was lawful. The Court was also required to determine the appropriate quantum of damages, if any, for the breaches identified. Mr Dorsch's claims were multifaceted, involving allegations of unlawful conduct during his employment and wrongful termination. The Court examined the evidence presented by both parties, including affidavits and witness testimonies, and made specific findings on the disputed facts. The Court found that HEAD Oceania had failed to pay Mr Dorsch his accrued annual leave upon termination, as required by section 90(2) of the Fair Work Act, and awarded him $10,000 in general damages for this breach. All other claims, including those related to adverse action and wrongful termination, were dismissed. The Court concluded that it was impractical to assess the potential compensation Mr Dorsch might have received had his other claims been successful due to the complexity and intertwining nature of the allegations. The Court ordered the parties to confer on the form of orders to be made and set a deadline for the submission of proposed orders, with a subsequent hearing scheduled to address any remaining issues.