McPARLAND v Origin Oz Holdings T/A Nuline Glass

In the matter of *McParland v Origin Oz Holdings T/A Nuline Glass*, heard before Judge Egan, the applicant, McParland, brought proceedings against the respondent, Origin Oz Holdings T/A Nuline Glass, alleging breaches of the *Fair Work Act 2009* (Cth) and breach of contract. The dispute concerned the terms upon which McParland's employment transferred to Origin Oz Holdings, the subsequent termination of that employment, and claims of adverse action and associated financial loss, as well as compensation for distress, hurt, and humiliation. McParland also pursued common law claims in tort and for breach of contract, independent of the adverse action allegations.

The court was required to determine whether adverse action taken against McParland was causative of financial loss, and if compensation was payable for distress, hurt, and humiliation arising from the termination of employment. Further, the court needed to consider whether McParland possessed a common law cause of action in tort or for breach of contract for reasons unrelated to the alleged adverse action, and the imposition of pecuniary penalties for contraventions of the *Fair Work Act*.

Judge Egan's reasoning and the legal principles applied are detailed in the reasons for judgment, which are to be served on the first respondent. The court indicated that it would further hear the parties regarding the imposition of any pecuniary penalties for contraventions of the *Fair Work Act* as found by the court. The parties were directed to confer and prepare draft orders consistent with the reasons for judgment within seven days, and each party was granted liberty to apply on two days' notice.