Groder v Pavona Pty Ltd

[2009] FMCA 744

FEDERAL MAGISTRATES COURT OF AUSTRALIA

GRODER v PAVONA PTY LTD [2009] FMCA 744

INDUSTRIAL LAW – Unlawful termination allege breach of s.659(2)(f) of the Workplace Relations Act 1996 (Cth) – solely on the particular ground of pregnancy – s.664(b) defence made out – application dismissed.

Federal Court Rules (Cth), O.82 r.6
Workplace Relations Act 1996 (Cth), ss.643, 650, 659, 663, 664, 665, 841

Hayward v Rohd Four Pty Ltd & Ors [2008] FMCA 1490
Jones v Dunkal (1959) 101 CLR 298
Laz v Downer Group Limited (2000) 108 IR 244
Liquor, Hospitality Miscellaneous Union, Liquor & Hospitality Division, NSW Branch on behalf of its Member, Wayne Roberts v Woonona Bulli RSL Memorial Club Limited [2007] FCA 1460
Parsons v Stone Traders Pty Ltd (2008) EOC 93-500

Applicant: ROSILENE AMARAL GRODER

Respondent: PAVONA PTY LIMITED

File Number: SYG2713 of 2007

Judgment of: Lloyd-Jones FM

Hearing dates: 20, 21 & 22 October 2008

Delivered at: Sydney

Delivered on: 10 August 2009

REPRESENTATION

Counsel for the Applicant: Ms L Tucker (solicitor)

Solicitors for the Applicant: Kingsford Legal Centre

Counsel for the Respondent: Mr P Newall

Solicitors for the Respondent: Guild Lawyers

ORDERS

1. Pavona Pty Ltd has proved on the evidence that the termination of Rosilene Amaral Groder was for reasons that did not include a proscribed reason and the application is dismissed.

2. No orders as to costs.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA AT
SYDNEY

SYG2713 OF 2007

ROSILENE AMARAL GRODER

Applicant

And

PAVONA PTY LIMITED

Respondent

REASONS FOR JUDGMENT

The proceedings

1. This is an application made on 13 June 2007 claiming a breach of s.659(2)(f) of the Workplace Relations Act 1996 (Cth) (“the Act”) solely on the particular ground of pregnancy. The proceedings were initially filed in the Federal Court of Australia in matter number NSD1066 of 2007. On 10 July 2007, Branson J ordered pursuant to O.82 r.6 of the Federal Court Rules (Cth) that the proceedings be transferred to the Federal Magistrates Court.

2. The Form 5 application filed in the Federal Court by Rosilene Amaral Groder (“the applicant”) seeks the following relief arising from termination of her employment by Pavona Pty Limited, ABN 21002712085 (“the respondent”):

   i)The applicant claims the termination was an unlawful termination of her employment within the meaning of Pt.12, Div.4C of the Act;

   ii)Pursuant to s.663 of the Act, the applicant seeks orders which the Court is empowered to make by s.665 of the Act;

   iii)The applicant claims that the respondent breached her contract of employment and seeks damages pursuant to the Court’s accrued jurisdiction.

3. In the affidavit of the applicant sworn on 13 June 2007 which accompanied the application, she claims:

   i)Pursuant to s.665 of the Act:

   a)an Order requiring the respondent to pay to the applicant an amount in respect of the remuneration lost by the applicant because of the termination of her employment;

   b)in the alternative to Order (a), an Order requiring the respondent to pay to the applicant compensation of such an amount the Court thinks appropriate; and

   c)          an Order imposing…