Wells v Locarno Management Pty Ltd [2008] FCA 1034

Wells v Locarno Management Pty Ltd [2008] FCA 1034

The first respondent applied illegitimate pressure amounting to duress to Ms Sinclair in connection with an Australian Workplace Agreement in contravention of s 400(5) of the Workplace Relations Act 1996 (Cth); an agreed penalty is within the permissible range and appropriate in the circumstances.

Jurisdiction
Australia
Judgment Date
15 July 2008
Procedural Posture
Application for Pecuniary Penalty / Judgment on Settlement and Penalty
Outcome
Penalty imposed on first respondent; proceeding otherwise dismissed; no order as to costs.
Legal Topics
['duress in Employment' 'australian Workplace Agreements' 'penalties Under Workplace Relations Act 1996']
['employment Law'] ['duress in Employment' 'australian Workplace Agreements' 'penalties Under Workplace Relations Act 1996']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Pecuniary Penalty / Judgment on Settlement and Penalty

Legal Issues

  1. 1 ['Whether first respondent applied duress to an employee in contravention of s 400(5) of the Workplace Relations Act 1996 (Cth)' 'Appropriate penalty for contravention']

Ratio Decidendi

The first respondent applied illegitimate pressure amounting to duress to Ms Sinclair in connection with an Australian Workplace Agreement in contravention of s 400(5) of the Workplace Relations Act 1996 (Cth); an agreed penalty is within the permissible range and appropriate in the circumstances.

Court Disposition

Penalty imposed on first respondent; proceeding otherwise dismissed; no order as to costs.

Orders

  • ['A penalty of $3,300 be imposed on the first respondent for contravention of s 400(5) of the Workplace Relations Act 1996 (Cth).' 'The first respondent pay the said penalty to the Consolidated Revenue within 21 days.' 'The proceeding otherwise be dismissed.' 'There be no order as to costs.']