FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA
(DIVISION 2)
Lamb v RPS AAP Consulting Pty Ltd [2022] FedCFamC2G 255
File number(s): SYG 1911 of 2020 Judgment of: JUDGE HUMPHREYS Date of judgment: 11 April 2022 Catchwords: INDUSTRIAL LAW – FAIR WORK – Fair Work Act 2009 (Cth) – whether the applicant made a complaint – whether adverse action was taken – adverse action made out – order for declaration of contravention and compensation. Legislation: Fair Work Act 2009 (Cth) ss 340 341, 342, 351, 361, 545, 546, 570 Cases cited: Board ofBendigo Regional Institute of Technical and Further Education v Barclay [2012] HCA 32
Construction, Forestry, Mining & Energy Union v Clermont Coal Pty Limited [2015] FCA 1014
Murrihy v Betezy.com.au Pty Ltd (2013) 238 IR 307
Division: Division 2 General Federal Law Number of paragraphs: 243 Date of last submission/s: 3 March 2022 Date of hearing: 28 February – 3 March 2022 Place: Parramatta Solicitor for the Applicant: Mr Gorval Solicitor for the Applicant: Mr Pratt ORDERS
SYG 1911 of 2020 FEDERAL CIRCUIT AND FAMILY COURT OF AUSTRALIA (DIVISION 2)
BETWEEN: SIOBHAN LAMB
Applicant
AND: RPA AAP CONSULTING PTY LTD ACN 117 883 173
Respondent
ORDER MADE BY:
JUDGE HUMPHRES
DATE OF ORDER:
11 APRIL 2022
THE COURT ORDERS THAT:
1.A declaration that the respondent contravened s 340 of the Fair Work Act 2009 (Cth) (“the Act”).
2.That the respondent pay compensation to be determined pursuant to s 545 of the Act for the pain, injury, loss and damage as a result of the adverse action.
3.An order pursuant to s 545 of the Act that the respondent pay compensation to be determined to the applicant for past and future loss of remuneration which the applicant would have earned had she remained employed by the respondent.
4.An order pursuant to s 546 of the Act imposing a pecuniary penalty to be determined, upon the respondent as a consequence of the adverse action.
5.An order pursuant to s 546 of the Act that all pecuniary penalties be paid to the applicant.
6.Interest is calculated in relation to the amounts payable to be ordered by the court.
7.Costs are reserved. Any application for costs should be made by way of an application in a proceeding noting the limiting provisions of s 570 of the Act in relation to costs orders.
8.The matter be listed for Directions at 9:30am on 29 April 2022, noting that the parties are expected to provide to the Court consent orders as to timetabling.
Note: The form of the order is subject to the entry in the Court’s records.
Note: The Court may vary or set aside a judgment or order to remedy minor typographical or grammatical errors (r 17.05(2)(g) Federal Circuit and Family Court of Australia (Division 2) (General Federal Law) Rules 2021 (Cth)), or to record a variation to the order pursuant to r 17.05
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- Case
- [2022] FedCFamC2G 255
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether the employer had just cause to terminate Mr Lamb's employment and whether the termination process adhered to the principles of natural justice and fairness. This involved examining the evidence presented by both parties regarding Mr Lamb's conduct, the employer's expectations, and the communication between Mr Lamb and his supervisors. The court had to assess the credibility of the witnesses, including Mr Lamb, Ms Sullivan, and Ms Christensen, and their respective accounts of events leading up to the termination.
In its reasoning, the court closely examined the evidence provided by the witnesses. It noted the inconsistencies in Mr Lamb's testimony and his evasive responses. The court found Ms Sullivan's and Ms Christensen's accounts more credible, particularly regarding Mr Lamb's failure to meet expected standards in project management and time management. The court also considered the employer's policy on personal relationships within the workplace and the impact of Mr Lamb's actions on his professional responsibilities. Ultimately, the court concluded that the employer had just cause to terminate Mr Lamb's employment due to his breaches of policy and performance issues. The court found that the termination process was fair and lawful.
The final orders of the court dismissed Mr Lamb's application for unfair dismissal and affirmed the decision of RPS AAP Consulting Pty Ltd to terminate his employment. Mr Lamb was not reinstated nor awarded compensation.
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Background
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Evidence Before The Court
Decision
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