Parsons v Serco Citizen Services Pty Limited (No 2) [2024] FCA 1103

Parsons v Serco Citizen Services Pty Limited (No 2) [2024] FCA 1103

A penalty of $25,000 is appropriate because the contravention was serious, involved a senior employee making a deliberate decision to terminate for an unlawful reason, but was an isolated incident in a large company, with no evidence of systemic non-compliance or prior contraventions. General deterrence remains important.

Parties
Applicant: Christopher Parsons; Respondent: Serco Citizen Services Pty Limited
Jurisdiction
Australia
Judgment Date
19 September 2024
Procedural Posture
Civil Proceeding / Assessment of Penalty Following Finding of Contravention
Outcome
Respondent ordered to pay applicant a pecuniary penalty for contravention of s 340(1) of the Fair Work Act 2009 (Cth).
Legal Topics
Adverse Action, Workplace Rights, Pecuniary Penalty, Unlawful Dismissal
Industrial Law Employment Law Adverse Action Workplace Rights Pecuniary Penalty Unlawful Dismissal

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Christopher Parsons

Applicant

Serco Citizen Services Pty Limited

Respondent

Procedural Posture

Civil Proceeding / Assessment of Penalty Following Finding of Contravention

Legal Issues

  1. 1 What pecuniary penalty should be imposed for contravention of s 340(1) of the Fair Work Act 2009 (Cth)?

Ratio Decidendi

A penalty of $25,000 is appropriate because the contravention was serious, involved a senior employee making a deliberate decision to terminate for an unlawful reason, but was an isolated incident in a large company, with no evidence of systemic non-compliance or prior contraventions. General deterrence remains important.

Court Disposition

Respondent ordered to pay applicant a pecuniary penalty for contravention of s 340(1) of the Fair Work Act 2009 (Cth).

Orders

  • The respondent pay the applicant a pecuniary penalty of $25,000 for its contravention of s 340(1) of the Fair Work Act 2009 (Cth).
  • The pecuniary penalty be paid within 28 days after determination of the respondent's application for an extension of time to seek leave to appeal and any consequent appeal, subject to any order of the Full Court.