James v Planpac International Pty Ltd (No 2)

The case involves Bruce Hume James, who seeks to recover a penalty from Planpac International Pty Ltd and its directors, Damien John Ferguson and Geoffrey James Plante, under the Workplace Relations Act 1996 (Cth) for their failure to pay him his untaken accrued annual leave benefits upon termination of his employment. Mr James was an employee of Planpac from July 2003 to June 2006. The respondents did not dispute that Mr James was not paid his holiday leave entitlements. The central issues are the alleged accessorial liability of the second and third respondents and the applicability of Anshun estoppel. The respondents argue that the Court should dismiss the complaint on the grounds of Anshun estoppel, as Mr James had the opportunity to bring the claim in earlier proceedings in the Queensland District Court. They also submit that any penalties awarded should be in the low range. The Court rejects the respondents’ submissions and holds that Anshun estoppel does not apply in this case. The Court finds that the second and third respondents were persons involved in the contravention and are therefore liable for penalties. The Court considers various factors in determining the appropriate penalty, including the deliberate nature of the breach, the loss and damage sustained by Mr James, and the need for deterrence. The Court imposes a penalty of 250 penalty units ($27,500.00) on Planpac International Pty Ltd and 55 penalty units ($6,500.00) on each of the second and third respondents, to be paid to Mr James within 28 days.

**ORDERS**

First Respondent to pay a penalty of $27,500.00 pursuant to s.719(1) WRA for breach of s.235(2) WRA. Such penalty to be paid to the applicant within 28 days.

Second Respondent to pay a penalty of $6,500.00 pursuant to s.719(1) WRA for his accessorial liability under s.728 WRA for breach of s.235(2) WRA. Such penalty to be paid to the applicant within 28 days.

Third Respondent to pay a penalty of $6,500.00 pursuant to s.719(1) WRA for his accessorial liability under s.728 WRA for breach of s.235(2) WRA. Such penalty to be paid to the applicant within 28 days.