Yang v DS Shopfitters Pty Ltd and Ors

This matter concerned claims brought by Mr. Yang against DS Shopfitters Pty Ltd and its directors. Mr. Yang alleged various underpayments and breaches of the Joinery and Building Trades Award 2010, and alternatively, a breach of an oral employment agreement. The dispute arose following an injury Mr. Yang sustained while working on a public holiday, leading to claims for constructive dismissal and adverse action.

The court was required to determine several legal issues, including whether Mr. Yang was covered by the relevant Award, whether pay slips were provided as required, and the terms of an alleged oral agreement regarding his employment and wages. Further issues included whether Mr. Yang was constructively dismissed, whether other contraventions of the Fair Work Act 2009 (Cth) or the Award were made out, and whether adverse action was taken against him because of a workplace right. The court also considered the accessorial liability of the individual respondents.

Judge Baird found Mr. Yang to be a credible witness, accepting his account of events. The court's reasoning addressed the various heads of claim, including underpaid wages, superannuation, annual leave, accident pay, annual leave loading, payment in lieu of notice, compensation for unfair dismissal, general protection damages, loss of workers compensation, and penalties. The court considered the evidence presented, including affidavits and oral testimony, in reaching its conclusions on the alleged breaches and contraventions.