Turnbull v Symantec (Australia) Pty Ltd (No.2)

In *Turnbull v Symantec (Australia) Pty Ltd (No.2)*, the Federal Circuit and Family Court of Australia considered the appropriate penalty for Symantec (Australia) Pty Ltd following its contravention of section 536 of the *Fair Work Act 2009* (Cth). The proceedings were brought by the applicant, Mr. Turnbull, who alleged that the respondent had failed to provide him with a notice of termination of employment in accordance with the requirements of the Act.

The central legal issue before the Court was to determine the quantum of the penalty to be imposed on Symantec for its breach of section 536. This involved considering various factors relevant to penalty hearings under the *Fair Work Act*, including the nature and seriousness of the contravention, the objective seriousness of the conduct, the size and nature of the employer, the employer's history of compliance or non-compliance with workplace laws, and any steps taken by the employer to remedy the contravention or prevent future breaches.

Judge Manousaridis reasoned that while the contravention of section 536 was a serious matter, the specific circumstances of the case did not warrant the imposition of the maximum penalty. The Court took into account Symantec's size and resources, its previous compliance record, and the fact that the failure to provide the notice was an oversight rather than a deliberate attempt to avoid obligations. The Court also considered the objective seriousness of the contravention, noting that the purpose of section 536 is to ensure employees are properly informed of their entitlements upon termination.

Ultimately, the Court ordered Symantec to pay a penalty of $10,200 for its contravention of section 536 of the *Fair Work Act 2009* (Cth).