Lamont v University of Queensland (No 3) [2020] FCA 1005

Lamont v University of Queensland (No 3) [2020] FCA 1005

The University was penalised for three categories of contraventions of s 340(1) of the Fair Work Act: breaching confidentiality, threatening an employee who had complained, and failing to comply with grievance procedures including withholding a report. Penalties imposed were significant but not at the maximum, no penalties were imposed on individual respondents due to subsequent retirement and lack of need for specific deterrence.

Jurisdiction
Australia
Judgment Date
10 July 2020
Procedural Posture
Civil / Penalty Judgment
Outcome
Pecuniary penalties imposed on University of Queensland for contraventions of s 340(1), no penalty imposed on individual respondents.
Legal Topics
['adverse Action' 'contraventions of S 340(1) Fair Work Act' 'pecuniary Penalties' 'breach of Confidentiality' 'failure to Comply With Grievance Procedure']
['industrial Law' 'employment & Industrial Relations'] ['adverse Action' 'contraventions of S 340(1) Fair Work Act' 'pecuniary Penalties' 'breach of Confidentiality' 'failure to Comply With Grievance Procedure']

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Procedural Posture

Civil / Penalty Judgment

Legal Issues

  1. 1 ['Should pecuniary penalties be imposed for contraventions of s 340(1) Fair Work Act by the University and its officers?' 'What quantum of pecuniary penalty is appropriate for each finding of contravention?' 'Should pecuniary penalty be imposed on individual respondents?']

Ratio Decidendi

The University was penalised for three categories of contraventions of s 340(1) of the Fair Work Act: breaching confidentiality, threatening an employee who had complained, and failing to comply with grievance procedures including withholding a report. Penalties imposed were significant but not at the maximum, no penalties were imposed on individual respondents due to subsequent retirement and lack of need for specific deterrence.

Court Disposition

Pecuniary penalties imposed on University of Queensland for contraventions of s 340(1), no penalty imposed on individual respondents.

Orders

  • ['The first respondent pay a pecuniary penalty of $9,000 for breach of confidentiality.' 'The first respondent pay a pecuniary penalty of $12,000 for threatening to initiate an investigation.' 'The first respondent pay a pecuniary penalty of $16,000 for failing to comply with grievance procedures regarding the Byrom...