Tjorpatzis v E J Love and Co Pty Ltd

In *Tjorpatzis v E J Love and Co Pty Ltd*, heard before Judge Riley, the applicant sought penalties against the respondents for alleged breaches of industrial law, specifically concerning the underpayment of commissions. The dispute centred on whether the respondents' actions constituted a single course of conduct and whether the breaches were deliberate, thereby warranting the imposition of penalties.

The court was required to determine whether the respondents' conduct amounted to a single, continuous breach or multiple distinct breaches for the purposes of penalty assessment. Furthermore, the court had to consider the deliberateness of the respondents' actions in underpaying commissions and whether both specific and general deterrence principles justified the imposition of penalties.

Judge Riley found that the respondents had indeed underpaid commissions to the applicant. The court determined that the breaches were not a single course of conduct but rather multiple instances of underpayment. The reasoning applied focused on the nature of the breaches and the respondents' culpability, leading to the conclusion that penalties were warranted on the grounds of both specific and general deterrence. Consequently, the first respondent was ordered to pay the applicant $27,000 for the underpayment of commissions, and the second respondent was ordered to pay $5,400 for its accessorial liability in relation to these underpayments.