Milardovic v Vemco Services Pty Ltd (Administrators Appointed)

In the matter of Milardovic v Vemco Services Pty Ltd (Administrators Appointed), the applicant, Milardovic, sought relief from the Fair Work Commission for what he claimed to be adverse action by Vemco Services, through its representatives, in response to his exercise of workplace rights. Specifically, Milardovic alleged that he was excluded from meetings and training, denied revised Key Performance Indicators and additional training, ultimately terminated from employment, and not paid termination or redundancy payments. He further contended that these actions were in response to his complaints about workplace bullying and his pursuit of a WorkCover claim for stress-related illness stemming from the alleged bullying.

The legal issues before the court involved determining whether Milardovic's termination and subsequent non-payment of entitlements constituted adverse action as defined under section 340 of the Fair Work Act. Additionally, the court needed to decide whether Vemco Services, and by extension its representatives, breached the National Employment Standards by failing to provide adequate notice of termination and by not paying redundancy or termination pay. The court had to consider the relevance and admissibility of evidence, particularly in relation to the bid manager, Mr Otimi, and address the procedural fairness of the evidence exchange process.

In its decision, the court found that Milardovic's termination and non-payment of entitlements did indeed constitute adverse action under the Fair Work Act. It further concluded that Vemco Services had breached the National Employment Standards by not providing adequate notice of termination and by not paying the required termination and redundancy pay. The court meticulously examined the evidence, including the objections to certain testimonies, and resolved that the evidence presented was sufficient to support the claims. The court also addressed the procedural concerns regarding the evidence and determined that despite the procedural shortcomings, the evidence was admissible and relevant to the case. Consequently, the court ruled in favour of Milardovic on his claims for adverse action and breach of the National Employment Standards.

The court ordered that Vemco Services pay Milardovic the outstanding redundancy pay, interest on that amount, and directed the parties to file submissions regarding penalty and costs. The proceeding against the second respondent was dismissed. The court's detailed findings and orders provided clarity and resolution to the employment dispute, ensuring that Milardovic received the compensation and recognition he sought for the adverse action taken against him.