FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Guthrie v Mondiale VGL Pty Ltd (No 2) [2025] FedCFamC2G 938
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- Case
- [2025] FedCFamC2G 938
- Decision Date
CaseChat Overview and Summary
The court considered Mr. Guthrie's claims for various forms of compensation, including loss of earnings, superannuation benefits, long service leave, travel costs, legal expenses, and the value of a Tag Heuer watch, among others. The court also evaluated Mr. Guthrie's claims for pain and suffering. The evidence presented included affidavits from Mr. Guthrie and his wife, as well as witness statements. The court ruled on the admissibility of certain parts of the evidence, admitting some as statements of belief and excluding others as inadmissible. The court meticulously calculated the compensation based on the admissible evidence, awarding specific sums for each head of claim.
In its decision, the court ordered Mondiale to pay Mr. Guthrie compensation totaling $207,330.83 for the various losses incurred. Additionally, the court imposed a pecuniary penalty of $27,500.00 on Mondiale to serve as a deterrent. The court also directed Mondiale to pay the penalty to Mr. Guthrie within 28 days of the order. The court reserved its decision on the matters of interest and costs, indicating that it would hear further submissions from the parties before making final orders on these issues.
Orders
Orders of the court
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Background
Background to the litigation
Evidence
Evidence Before The Court
Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
In the circumstances and with a view to specific and general deterrence of relatively large organisations operating in the transport industry, I will make an order under s 546(1) of the FW Act for the payment by Mondiale of a pecuniary penalty of $27,500.00.OTHER CONSIDERATIONS/MATTERS Section 546(3)(c) of the FW Act provides that the Court may order that a pecuniary penalty be paid to a particular person. In Sayed v Construction, Forestry, Mining and Energy Union [2016] FCAFC 4 at [116] the Full Court of the Federal Court said:[116] …the policy considerations of s 546(3) “speak loudly” in the circumstances to justify the payment of the penalty imposed to the individual affected by the contravention who, under the authority of the FW Act, commenced and maintained this enforcement proceeding. If Mr Sayed had not pursued the action, it is unlikely that it would have been pursued. He took on the proceeding at obvious cost to himself. The pecuniary penalty is to be paid to Mr Guthrie who commenced and maintained this proceeding at obvious cost to himself and his family. Payment is to be made within 28 days of the date of this order.COSTS AND INTEREST The written closing submissions did not address the questions of interest and whether this is an appropriate proceeding in which the Court might be satisfied to make a costs order under s 570(2) of the FW Act including the costs reserved by Judge Lucev on 23 May 2024. The Court will hear the parties on interest and costs before pronouncing final orders.ORDERS The Court will make the following orders on the issues of compensation and penalty. The respondent pay the applicant the following sums as compensation for loss pursuant to s 545(1) of the FW Act within 28 days of the date of this order:(a)Loss of wages $184,134.94.(b)Loss of superannuation entitlements $6,974.52.(c)Loss of long service leave entitlements $9,221.37.(d)Loss of benefit of a Tag Heuer watch $2,000.00.(e)Hurt and humiliation $5,000.00.Total $207,330.83 The respondent pay the applicant within 28 days of the date of this order a pecuniary penalty in the amount of $27,500.00 in respect of the contravention of the FW Act, the subject of the declaration made by the Court on 23 May 2024. The Court will hear further from the parties on the question of interest and costs including any reserved costs.