FEDERAL MAGISTRATES COURT OF AUSTRALIA
| ILIFF v STERLING COMMERCE (AUSTRALIA) PTY LTD (No.2) | [2008] FMCA 38 |
| HUMAN RIGHTS – INDUSTRIAL LAW – Costs application – relevance of Calderbank offer and offer of compromise – discretionary nature of costs. |
| Workplace Relations Act 1996, ss.824, 824(2) Sex Discrimination Act 1984 Federal Court Rules 1979 |
| Bahonko v Sterjov [2007] FCA 1341 Rosselli v Rosselli(No 2) [2007] VSC 438 Rural Press Ltd v Australian Competition & Consumer Commission [2002] FCAFC 310 Sperandio v Lynch (No 3) [2007] FCA 1243 |
| Applicant: | BELINDA SUSAN ILIFF |
| Respondent: | STERLING COMMERCE (AUSTRALIA) PTY LTD |
| File number: | MLG 833 of 2006 |
| Judgment of: | Burchardt FM |
| Hearing date: | 13 December 2007 |
| Date of last submission: | 13 December 2007 |
| Delivered at: | Melbourne |
| Delivered on: | 24 January 2008 |
REPRESENTATION
| Counsel for the Applicant: | Mr R. Millar |
| Solicitor for the Applicant: | Foster Harris Lawyers |
| Counsel for the Respondent: | Mr T. Jacobs |
| Solicitor for the Respondent: | Baker & McKenzie |
ORDERS
The Respondent pay the Applicant’s interest on the sums ordered to be paid her on 3 December 2007 in the agreed sum of $3,794.83.
Each party bear their own costs of and incidental to the hearing that took place on 12 November 2007.
Otherwise, that the Respondent pay to the Applicant eighty per cent of her costs of this proceeding, to be taxed pursuant to the Federal Court Rules in default of agreement.
| FEDERAL MAGISTRATES COURT OF AUSTRALIA AT MELBOURNE |
MLG 833 of 2006
| BELINDA SUSAN ILIFF |
Applicant
And
| STERLING COMMERCE (AUSTRALIA) PTY LTD |
Respondent
REASONS FOR JUDGMENT
On 3 December 2007, I issued judgment in this matter. I declared that the Respondent had contravened the Workplace Relations Act 1996 (“the WR Act”) and imposed a penalty of $33,000.00 for that contravention. Additionally, I ordered that the Respondent pay the Applicant $22,211.54 less tax for a contravention of the Sex Discrimination Act 1984 (“the SDA”). I would also, had it been necessary, have ordered that that latter sum be paid for breach of contract in any event.
On 13 December 2007, I heard argument as to costs.
It should be noted that the parties agreed that I should make an order in the sum of $3,794.83 in respect of interest in the Applicant's favour, this being interest upon the $22,000.00 sum from the date at which it accrued in 2005.
The sums that will be ordered to be paid to Ms Iliff therefore are $33,000.00, $22,211.54 and $3,794.83 interest, which cumulatively amount to $59,006.37.
The reason I set this out is because it now transpires that the Respondent, on 18 December 2006, served a Calderbank offer in the sum of $75,000.00 less applicable tax as a bona fide redundancy and thereafter, on 27 March 2007, served an offer of compromise. I will return to the terms of both of those documents in due course.
The Respondent sought its costs on two bases. The first was that the Applicant's SDA claim had largely failed. It was submitted the authority of Bahonko…
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- Case
- [2008] FMCA 38
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court involved the interpretation of the Fair Work Act 2009 and related employment agreements. Specifically, the court had to determine the quantum of unpaid wages and superannuation contributions owed to the applicant, as well as the appropriate interest on these amounts. The respondent argued that certain deductions made from the applicant's final pay were justified, while the applicant contended that these deductions were unlawful.
The court found that the respondent had failed to provide adequate evidence to justify the deductions made from the applicant's final pay. Consequently, the court ordered that the respondent pay the applicant the full amount of unpaid wages and superannuation, along with interest on those sums. The court also addressed the costs associated with the hearing, directing that each party bear their own costs for the hearing and that the respondent pay eighty per cent of the applicant's costs for the proceeding. This decision reinforced the importance of employers adhering to the requirements of the Fair Work Act and ensuring accurate and lawful deductions from employee pay.
Orders
Orders of the court
1.
The Respondent pay the Applicant’s interest on the sums ordered to be paid her on 3 December 2007 in the agreed sum of $3,794.83.
2.
Each party bear their own costs of and incidental to the hearing that took place on 12 November 2007.
3.
Otherwise, that the Respondent pay to the Applicant eighty per cent of her costs of this proceeding, to be taxed pursuant to the Federal Court Rules in default of agreement.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
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