Parsons v Serco Citizen Services Pty Limited [2024] FCA 754

Parsons v Serco Citizen Services Pty Limited [2024] FCA 754

Serco contravened s 340(1) of the Fair Work Act 2009 (Cth) by terminating Mr Parsons’ employment because he exercised his workplace right to make a complaint. The respondent did not discharge the statutory presumption under s 361, and the applicant’s complaints were a substantial and operative reason for the adverse action taken.

Jurisdiction
Australia
Judgment Date
11 July 2024
Procedural Posture
Civil / Final Judgment
Outcome
Declaration made; compensation and interest ordered; further submissions invited on pecuniary penalty.
Legal Topics
['unlawful Termination' 'adverse Action' 'workplace Rights' 'bullying' 'victimisation' 'procedural Fairness']
['industrial Law' 'employment Law'] ['unlawful Termination' 'adverse Action' 'workplace Rights' 'bullying' 'victimisation' 'procedural Fairness']

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Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 ["Whether Serco contravened s 340(1) of the Fair Work Act 2009 (Cth) by terminating Mr Parsons' employment because he exercised workplace rights" "Whether Mr Parsons' complaints were a substantial and operative reason for the adverse action taken" 'Whether the investigations, disciplinary action, and termination amounted to adverse action under the FWA']

Ratio Decidendi

Serco contravened s 340(1) of the Fair Work Act 2009 (Cth) by terminating Mr Parsons’ employment because he exercised his workplace right to make a complaint. The respondent did not discharge the statutory presumption under s 361, and the applicant’s complaints were a substantial and operative reason for the adverse action taken.

Court Disposition

Declaration made; compensation and interest ordered; further submissions invited on pecuniary penalty.

Orders

  • ['The respondent took adverse action against the applicant in contravention of s 340(1) of the Fair Work Act 2009 (Cth) by terminating his employment on 6 May 2022 because he had exercised his workplace right to make a complaint.' 'The respondent pay the applicant compensation for economic loss of $120,000.' 'The...