Financia Pty Ltd v Taglienti

Financia Pty Ltd applied for leave to appeal a decision of the South Australian Employment Tribunal concerning the termination of Ms Taglienti's employment. Ms Taglienti was employed by Financia as a mortgage broker under an employment contract and a training contract. Her employment was terminated on 16 May 2022, shortly after commencing, following alleged negative comments made about a principal of Financia. Ms Taglienti subsequently initiated proceedings in the Tribunal seeking various payments and an order to complete her diploma.

The primary legal issue before the Tribunal, and subsequently on appeal, concerned the lawfulness of the termination of Ms Taglienti's employment and training contract, and the appropriate remedy. Specifically, the Tribunal was required to consider whether the termination was valid and, if not, what compensation or orders were warranted. The appeal court was asked to determine if there was an error of law in the Tribunal's decision, particularly regarding the Deputy President's exercise of discretion and the significance of the termination of the training contract under the *South Australian Skills Development Act* (SAS Act).

The Deputy President found that Financia had unlawfully terminated the training contract, an act which is an offence under section 51C of the SAS Act. While the Deputy President ordered Financia to pay compensation equivalent to 16 weeks' pay, the appeal court considered whether this decision involved an error of law. The court noted that even if an error of law was identified, it was unlikely to be of general importance or result in a substantial injustice to Financia, given the relatively modest sum involved and the discretionary nature of the remedy.

Consequently, the Full Court of the Supreme Court of South Australia refused Financia's application for leave to appeal. Financia was ordered to pay Ms Taglienti's costs of the application.