Fair Work Ombudsman v Tiger Telco Pty Ltd (in liq)

The Fair Work Ombudsman brought proceedings against Tiger Telco Pty Ltd in liquidation and its managing director, Mr Ramadan, for contraventions of sections 44(1) and 351(1) of the Fair Work Act 2009 (Cth). The contraventions arose from Tiger Telco's failure to return Ms Jorgensen, the full-time store manager of its Corio store, to her pre-parental leave position after she completed her unpaid parental leave, and from its failure to consult with her regarding the position it intended to offer her. The contraventions were admitted by the respondents. The court was required to decide whether the agreed penalty of $5,940 was appropriate and whether the penalty should be paid to Ms Jorgensen. The court considered that it was appropriate for the penalty to be paid to Ms Jorgensen as she had suffered economic loss arising from the contraventions and such loss was unlikely to be recoverable from Tiger Telco, which was in liquidation. The court was satisfied that the declarations sought would have educative utility and serve the public interest.

The court ordered that a penalty of $5,940 be imposed on Mr Ramadan for engaging in conduct in contravention of sections 44(1) and 351(1) of the Fair Work Act. The court further ordered that the penalty be paid to Ms Jorgensen within sixty days of the making of these orders. The proceeding was otherwise dismissed, and there would be no order as to costs.