Parsons v Serco Citizen Services Pty Limited

Parsons v Serco Citizen Services Pty Limited is a case concerning the unlawful termination of employment. The applicant, Parsons, alleged that Serco Citizen Services Pty Limited, the respondent, terminated his employment in contravention of section 340(1) of the Fair Work Act 2009 (Cth). This section prohibits adverse action against an employee for exercising workplace rights. Parsons claimed that his termination was because he had exercised his right to make complaints both against other employees and his managers.

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.