Dafallah v Fair Work Commission (No 2) [2014] FCA 600

Dafallah v Fair Work Commission (No 2) [2014] FCA 600

The applicant was not permitted to rely on the PAYG payment summary attached to her further submissions because it was filed without leave after the evidence had closed and after judgment, was not in admissible form, and in any event did not reliably identify the applicant or explain the reportable fringe benefits amount. Economic loss was therefore calculated on the agreed hourly rate of $20.37105 over a 38-hour week for 13 weeks, giving $10,063.30. The Court was satisfied that the distress experienced by the applicant from the unlawful combined warnings and the premature termination process was suffered because of Melbourne Health's failure to comply with cl 38 of the Agreement,...

Jurisdiction
Australia
Judgment Date
06 June 2014
Procedural Posture
Federal Court Proceeding for Declarations and Compensation for Contravention of a Certified Agreement Under the Fair Work Act 2009 (cth) / Judgment on Proposed Orders and Compensation After Reasons Delivered on 4 April 2014; Heard on the Papers
Outcome
Declaration made and compensation ordered against the second respondent; no order as to costs.
Legal Topics
['contravention of Certified Agreement' 'termination of Employment' 'performance Warnings' 'compensation for Economic Loss' 'compensation for Non Economic Loss' 'costs Under Fair Work Act 2009 (cth)']
['employment Law' 'industrial Law'] ['contravention of Certified Agreement' 'termination of Employment' 'performance Warnings' 'compensation for Economic Loss' 'compensation for Non Economic Loss' 'costs Under Fair Work Act 2009 (cth)']

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Procedural Posture

Federal Court Proceeding for Declarations and Compensation for Contravention of a Certified Agreement Under the Fair Work Act 2009 (cth) / Judgment on Proposed Orders and Compensation After Reasons Delivered on 4 April 2014; Heard on the Papers

Legal Issues

  1. 1 ['Whether the applicant should be permitted to rely on a PAYG payment summary attached to post-judgment submissions to support a higher amount of compensation for economic loss.' "What amount of compensation for economic loss should be ordered for Melbourne Health's contravention of cl 38 of the Agreement." "Whether there was a sufficient causal connection between Melbourne Health's contravention of cl 38 of the Agreement and the applicant's humiliation and distress to justify compensation for non-economic loss." 'Whether there should be any order as to costs.']

Ratio Decidendi

The applicant was not permitted to rely on the PAYG payment summary attached to her further submissions because it was filed without leave after the evidence had closed and after judgment, was not in admissible form, and in any event did not reliably identify the applicant or explain the reportable fringe benefits amount. Economic loss was therefore calculated on the agreed hourly rate of $20.37105 over a 38-hour week for 13 weeks, giving $10,063.30. The Court was satisfied that the distress experienced by the applicant from the unlawful combined warnings and the premature termination process was suffered because of Melbourne Health's failure to comply with cl 38 of the Agreement,...

Court Disposition

Declaration made and compensation ordered against the second respondent; no order as to costs.

Orders

  • ["The Court declares that by failing to follow the process set out in cl 38 of the Health Services Union of Australia — Health and Allied Services, Administrative Officers — Victorian Public Sector — Multi Employer Certified Agreement 2006-2009 in respect of the sequence of verbal and written warnings to be given to...