FEDERAL COURT OF AUSTRALIA
Parsons v Serco Citizen Services Pty Limited [2024] FCA 754
File number: QUD 270 of 2022 Judgment of: RANGIAH J Date of judgment: 11 July 2024 Catchwords: INDUSTRIAL LAW – unlawful termination – whether the respondent contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action against the applicant because he exercised workplace rights by making complaints – where the applicant’s employment was terminated following complaints made against him by another employee and by him against his managers – whether the applicant’s complaints were a substantial or operative reason for the adverse action taken – finding that the respondent took adverse action against the applicant by terminating his employment because he had exercised his workplace right of making a complaint Legislation: Evidence Act1995 (Cth) s 140
Fair Work Act 2009 (Cth) ss 340, 340(1), 341, 341(1), 342(1), 343(1), 351(1), 360, 361, 545, 547, 793(1), 793, Div 3 of Pt 3–1 and Pt 3–1 of Ch 3
Federal Court of Australia Act 1976 (Cth) s 51A
Industrial Relations Act 1988 (Cth) s 170EE
Cases cited: Ainsworth v Criminal Justice Commission (1992) 175 CLR 564
Aitken v Construction, Mining, Energy, Timberyards, Sawmills and Woodworkers Union of Australia — Western Australian Branch (1995) 63 IR 1
Alam v National Australia Bank Ltd (2021) 288 FCR 301
Board of Bendigo Regional Institute of Technical and Further Education v Barclay (2012) 248 CLR 500
Briginshaw v Briginshaw (1938) 60 CLR 336
Browne v Dunn (1893) 6 R 67
Burazin v Blacktown City Guardian Pty Ltd (1996) 142 ALR 144; [1996] IRCA 606
Cigarette & Gift Warehouse Pty Ltdv Whelan (2019) 268 FCR 46
Dafallah v Fair Work Commission (2014) 225 FCR 559
Jones v Queensland Tertiary Admissions Centre Ltd (No 2) (2010) 186 FCR 22
Lamont v University of Queensland (No 2) [2020] FCA 720
Maritime Union of Australia v Fair Work Ombudsman [2015] FCAFC 120
Qantas Airways Ltd v Transport Workers’ Union of Australia (2023) 412 ALR 134; [2023] HCA 27
Tasman Capital Pty Ltd v Sinclair (2008) 75 NSWLR 1
Whelan v Cigarette & Gift Warehouse Pty Ltd (2017) 275 IR 285; [2017] FCA 1534
Wong v National Australia Bank Ltd [2021] FCA 671
Wong v National Australia Bank Ltd (2022) 318 IR 148; [2022] FCAFC 155
Division: Fair Work Division Registry: Queensland National Practice Area: Employment and Industrial Relations Number of paragraphs: 192 Date of hearing: 31 July 2023, 1 August 2023 and 1 November 2023 Counsel for the Applicant: The applicant appeared in person Counsel for the Respondent (31 July and 1 August 2023): Mr SA Mackie with Mr PG Brown Counsel…
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- Case
- [2024] FCA 754
- Decision Date
CaseChat Overview and Summary
The central legal issue was whether the respondent took adverse action against Parsons because he exercised his workplace rights by making complaints. The court had to determine if Parsons' complaints were a substantial or operative reason for the adverse action taken against him, specifically his termination of employment. The court examined the evidence and the respondent's reasons for terminating Parsons' employment, ultimately concluding that the termination was indeed due to Parsons' exercise of his right to make complaints.
In reaching its decision, the court found that the respondent took adverse action against Parsons by terminating his employment because he had exercised his workplace right of making a complaint. The court awarded Parsons compensation for economic loss of $120,000 and for non-economic loss of $10,000. Additionally, the court ordered the respondent to pay interest on the amount awarded for economic loss from a specified date, at rates outlined in the Court’s “Interest on judgments” practice note. The matter also included a schedule for further submissions and a hearing regarding any pecuniary penalty to be imposed.
Orders
Orders of the court
1. The respondent pay the applicant compensation for economic loss of $120,000.
2. The respondent pay the applicant compensation for non-economic loss of $10,000.
3. The respondent pay the applicant interest on the amount awarded for compensation for economic loss from 6 May 2023, to be calculated at the rates specified at paragraph 2.2 of the Court’s “Interest on judgments” practice note (GPN-INT).
4. The applicant file and serve any affidavits and submissions (not exceeding 10 pages) on the issue of any pecuniary penalty by 4.30 pm on 8 August 2024.
5. The respondent file and serve any affidavits and submissions (not exceeding 10 pages) in response by 4.30 pm on 29 August 2024.
6. The applicant file and serve any submissions (not exceeding 2 pages) in reply by 4.30 pm on 12 September 2024.
7. The matter be listed for a hearing on the issue of any pecuniary penalty at 10.15 am on 19 September 2024.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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