Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd (No 2) [2020] FCA 1215

Construction, Forestry, Maritime, Mining and Energy Union v Melbourne Precast Concrete Nominees Pty Ltd (No 2) [2020] FCA 1215

Given the absence of factors indicating irretrievable loss of trust or impracticability, and in light of statutory and agreement-based breaches, the applicant must be reinstated and compensated for lost earnings, with continuity of service recognised.

Jurisdiction
Australia
Judgment Date
21 August 2020
Procedural Posture
Application for Relief in Employment/industrial Law Matter / Judgment on Reinstatement and Compensation for Economic Loss
Outcome
Orders made for reinstatement, continuity of employment, and payment of compensation for lost wages and superannuation; judgment reserved on non-economic loss and penalties.
Legal Topics
['unlawful Dismissal' 'reinstatement' 'compensation for Economic Loss' 'continuity of Employment' 'contravention of Fair Work Act 2009 (cth)']
['employment Law' 'industrial Law'] ['unlawful Dismissal' 'reinstatement' 'compensation for Economic Loss' 'continuity of Employment' 'contravention of Fair Work Act 2009 (cth)']

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Procedural Posture

Application for Relief in Employment/industrial Law Matter / Judgment on Reinstatement and Compensation for Economic Loss

Legal Issues

  1. 1 ['Whether the applicant should be reinstated to his former position after being dismissed in contravention of the Fair Work Act 2009 (Cth)' 'Whether the applicant should be paid compensation for lost earnings for the period between dismissal and reinstatement']

Ratio Decidendi

Given the absence of factors indicating irretrievable loss of trust or impracticability, and in light of statutory and agreement-based breaches, the applicant must be reinstated and compensated for lost earnings, with continuity of service recognised.

Court Disposition

Orders made for reinstatement, continuity of employment, and payment of compensation for lost wages and superannuation; judgment reserved on non-economic loss and penalties.

Orders

  • ['The first respondent reinstate the second applicant to the position he held immediately prior to 20 March 2020 by no later than 7 days of these orders being made.' 'For all purposes of reinstatement, the first respondent treat the second applicant as if he had been employed continuously from 20 March 2020 up to...