Muhlberg v Trustee for Sajasan Trust Trading as Port Lincoln Travel and Cruise

The Federal Court of Australia heard a dispute between Mr. Muhlberg and the Trustee for Sajasan Trust trading as Port Lincoln Travel and Cruise. Mr. Muhlberg alleged that Port Lincoln Travel and Cruise had taken adverse action against him by dismissing him and altering his position to his prejudice, and that these actions were taken for an impermissible reason. He also alleged breaches of an award, specifically underpayment and non-payment of wages.

The court was required to determine whether the dismissal of Mr. Muhlberg constituted adverse action taken for an impermissible reason under the Fair Work Act 2009 (Cth). Additionally, the court had to consider whether a direction by the employer for Mr. Muhlberg to provide further evidence of his inability to work due to personal illness was lawful. The court also needed to assess the claims of award breaches concerning underpayment and non-payment of wages.

His Honour Heffernan J found that the adverse action taken against Mr. Muhlberg was not for an impermissible reason. The court determined that the employer's request for further evidence regarding Mr. Muhlberg's illness was a lawful direction. Regarding the award breaches, the court found that the alleged underpayment had been rectified.

The matter was adjourned for submissions on penalties in relation to the award breaches.