Hadgkiss v Construction Forestry Mining and Energy Union [2007] FCA 524

Hadgkiss v Construction Forestry Mining and Energy Union [2007] FCA 524

Because the fifth respondent made false and misleading representations that employees were obliged to join the third and fourth respondents, and that conduct was attributable to those respondents, declarations should be made against the third and fourth respondents. The third and fourth respondents were jointly liable to compensate the employees because they did not clarify which entity received or shared the membership fees. Penalties of $6000, $3000 and $300 respectively were appropriate having regard to deterrence, the respondents' lack of acknowledgment and inadequate officer training, the limited seriousness and financial consequences of the conduct, the fifth respondent's personal...

Jurisdiction
Australia
Judgment Date
26 March 2007
Procedural Posture
Federal Court Industrial Law Proceeding Under the Workplace Relations Act 1996 (cth) / Determination of Declarations, Compensation and Pecuniary Penalties After Findings of Contravention
Outcome
Declarations made; pecuniary penalties and compensation ordered.
Legal Topics
['freedom of Association' 'false and Misleading Representations About Union Membership' 'industrial Association Contraventions' 'pecuniary Penalties' 'compensation']
['industrial Law' 'employment Law'] ['freedom of Association' 'false and Misleading Representations About Union Membership' 'industrial Association Contraventions' 'pecuniary Penalties' 'compensation']

Case Brief

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Procedural Posture

Federal Court Industrial Law Proceeding Under the Workplace Relations Act 1996 (cth) / Determination of Declarations, Compensation and Pecuniary Penalties After Findings of Contravention

Legal Issues

  1. 1 ['Which of the third and fourth respondents should pay compensation to the three employees for membership fees paid.' 'What pecuniary penalties should be imposed on the third, fourth and fifth respondents for contraventions of s 298SC of the Workplace Relations Act 1996 (Cth).']

Ratio Decidendi

Because the fifth respondent made false and misleading representations that employees were obliged to join the third and fourth respondents, and that conduct was attributable to those respondents, declarations should be made against the third and fourth respondents. The third and fourth respondents were jointly liable to compensate the employees because they did not clarify which entity received or shared the membership fees. Penalties of $6000, $3000 and $300 respectively were appropriate having regard to deterrence, the respondents' lack of acknowledgment and inadequate officer training, the limited seriousness and financial consequences of the conduct, the fifth respondent's personal...

Court Disposition

Declarations made; pecuniary penalties and compensation ordered.

Orders

  • ['The third and fourth respondents have each engaged in conduct in contravention of s 298SC of the Workplace Relations Act 1996 (Cth), as it stood at September 2004, by their representative making false and misleading representations to three employees of the first respondent in September 2004 that the employees...