Messenger v Commonwealth of Australia (Represented by the Department of Finance)

In the case of Messenger v Commonwealth of Australia (Represented by the Department of Finance), the applicants, Mr and Mrs Messenger, sought various remedies including declarations, compensation, and pecuniary penalties, from the Federal Court of Australia. They alleged that their dismissals from employment were unlawful under the Fair Work Act 2009 (Cth), and that Senator Lambie had attempted to coerce another individual to not employ them, also contravening the Fair Work Act. The applicants claimed that their dismissals were not justified, and that Senator Lambie's conduct constituted coercion. The court was required to determine whether the Messengers' dismissals were justified and whether Senator Lambie's conduct constituted coercion under the Fair Work Act.

The court found that the Messengers were dismissed for serious misconduct, as they had deliberately engineered a document intended to harm their employer. Given this misconduct, they were not entitled to notice of termination or payment in lieu thereof, and their dismissals did not contravene the Fair Work Act. Regarding the coercion claim, the court held that coercion requires the negation of choice and the use of unlawful, illegitimate, or unconscionable means. The court found that Senator Lambie's comments during an interview did not amount to coercion as they did not negate the other party's choice nor were they made using unlawful or unconscionable means.

As a result, the court dismissed the Messengers' applications. The dismissals were justified based on the serious misconduct, and Senator Lambie's conduct did not amount to coercion. The court concluded that there was no contravention of the Fair Work Act in relation to the dismissals or the alleged coercion. The orders of the court were to dismiss the application.