Vitro-Anastasio v S & M Bode Pty Ltd [2001] FCA 450

Vitro-Anastasio v S & M Bode Pty Ltd [2001] FCA 450

Given the vulnerability of the employees and lack of mitigating explanation by the respondent, but also crediting the respondent’s subsequent compliance and lack of prior convictions, the Court imposes penalties totaling $3,000 for the specified breaches.

Jurisdiction
Australia
Judgment Date
18 April 2001
Procedural Posture
Application for Penalties (workplace Relations/industrial) / Judgment and Orders After Hearing
Outcome
Penalties imposed on respondent for breaches of award; total $3,000 to be paid to the registrar within 60 days.
Legal Topics
['award Underpayments' 'penalties for Breach of Award' 'junior Employee Protections']
['employment Law' 'industrial Law'] ['award Underpayments' 'penalties for Breach of Award' 'junior Employee Protections']

Case Brief

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Procedural Posture

Application for Penalties (workplace Relations/industrial) / Judgment and Orders After Hearing

Legal Issues

  1. 1 ['What penalties are appropriate for breaches of the Shop, Distributive and Allied Employees Association - Victoria Shop Award 1994 and Roping-in Award No 3 of 1995?' 'What mitigation or aggravating circumstances affect the imposition of penalties under the Workplace Relations Act 1996?']

Ratio Decidendi

Given the vulnerability of the employees and lack of mitigating explanation by the respondent, but also crediting the respondent’s subsequent compliance and lack of prior convictions, the Court imposes penalties totaling $3,000 for the specified breaches.

Court Disposition

Penalties imposed on respondent for breaches of award; total $3,000 to be paid to the registrar within 60 days.

Orders

  • ['Penalties of $1,000 for each failure to pay award junior rates to Sarah Angelucci and Kelly Outjers.' 'Penalties of $250 for each breach regarding annual leave for Sarah Angelucci and Kelly Outjers.' 'Penalty of $500 for breach in respect of Saturday and Sunday work by Kelly Outjers.' 'The $3,000 total to be paid...