Veeraragoo v Goldbreak Holdings Pty Ltd (No 2)

The applicant, Veeraragoo, sought pecuniary penalties and compensation from Goldbreak Holdings Pty Ltd, following the termination of his employment. The case was heard by the Federal Circuit Court of Australia, presided over by Judge Gray. The applicant alleged that the employer failed to pay him for wages and leave entitlements, and that he was humiliated and distressed during his employment and its termination. The employer was also accused of contravening the Fair Work Act 2009 (Cth). The court had to decide whether the employer should be subject to pecuniary penalties and whether compensation should be personally paid by the employer to the applicant.

The court examined the relevant factors in determining an appropriate penalty, including the employer's conduct, the seriousness of the contraventions, and the need for deterrence and retribution. The court also considered the circumstances in which a single penalty amount should be assessed, and whether the penalty should be ordered to be paid to the applicant. The court found that the employer had contravened the Fair Work Act by underpaying the applicant, and that the employer's conduct was serious enough to warrant a penalty. The court also found that the applicant had suffered humiliation and distress during his employment and its termination.

The court ordered that the employer pay compensation to the applicant in the amount of $8,191.86, together with interest at the rate of 5.5% from 16 October 2017 until the date of the order. The court also ordered that the employer pay a monetary penalty in the amount of $20,000. The court found that the penalty should be personally paid by the employer to the applicant, and that a single penalty amount was appropriate in this case. The court considered that the penalty would serve as a deterrent to the employer and others in similar circumstances, and would provide some measure of retribution to the applicant for his losses. The court also noted that the penalty was not excessive in the circumstances of the case.