Veeraragoo v Goldbreak Holdings Pty Ltd [2018] FCA 1148

Veeraragoo v Goldbreak Holdings Pty Ltd [2018] FCA 1148

Mr Wright was in default because he failed to file a notice of address for service or defence and did not appear. On the deemed admissions in the statement of claim, Ms Veeraragoo was dismissed after taking personal leave supported by a medical certificate, was not paid accrued leave, salary or pay in lieu of notice as required, and was not provided the Fair Work Information Statement. Mr Wright, as general manager, had knowledge of and responsibility for the relevant decisions and was involved in Goldbreak's conduct within s 550(1) of the Fair Work Act 2009 (Cth). Declaratory relief was appropriate for its deterrent effect, and compensation and damages were ordered to be assessed.

Jurisdiction
Australia
Judgment Date
31 July 2018
Procedural Posture
Application for Default Judgment in a Fair Work Act Employment Proceeding / Default Judgment Application Against the Second Respondent
Outcome
Default judgment against the second respondent granted; declarations made and compensation and damages ordered in an amount to be assessed.
Legal Topics
['default Judgment' 'general Protections' 'dismissal From Employment' 'personal Leave' 'temporary Absence Due to Illness or Injury' 'accessorial Liability' 'declaratory Relief' 'enterprise Agreement Contraventions']
['employment and Industrial Relations' 'practice and Procedure'] ['default Judgment' 'general Protections' 'dismissal From Employment' 'personal Leave' 'temporary Absence Due to Illness or Injury' 'accessorial Liability' 'declaratory Relief' 'enterprise Agreement Contraventions']

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Procedural Posture

Application for Default Judgment in a Fair Work Act Employment Proceeding / Default Judgment Application Against the Second Respondent

Legal Issues

  1. 1 ['Whether default judgment should be entered against the second respondent for failure to file a notice of address for service or defence and failure to appear.' 'Whether declaratory relief should be granted in default in respect of alleged contraventions of the Fair Work Act 2009 (Cth).' "Whether the admitted allegations established that the second respondent was involved in Goldbreak Holdings Pty Ltd's contraventions for the purposes of s 550(1) of the Fair Work Act 2009 (Cth)." 'Whether relief for compensation and damages should be ordered in an amount to be assessed.']

Ratio Decidendi

Mr Wright was in default because he failed to file a notice of address for service or defence and did not appear. On the deemed admissions in the statement of claim, Ms Veeraragoo was dismissed after taking personal leave supported by a medical certificate, was not paid accrued leave, salary or pay in lieu of notice as required, and was not provided the Fair Work Information Statement. Mr Wright, as general manager, had knowledge of and responsibility for the relevant decisions and was involved in Goldbreak's conduct within s 550(1) of the Fair Work Act 2009 (Cth). Declaratory relief was appropriate for its deterrent effect, and compensation and damages were ordered to be assessed.

Court Disposition

Default judgment against the second respondent granted; declarations made and compensation and damages ordered in an amount to be assessed.

Orders

  • ['Declared that, pursuant to s 550(1) of the Fair Work Act 2009 (Cth), the second respondent contravened s 340(1) by dismissing the applicant on 16 October 2017 because she exercised her workplace right to take personal leave pursuant to cl 5.2.1.2 of The Local Shack - Enterprise Agreement 2015.' 'Declared that,...