Tran v Kodari Securities Pty Ltd [2019] FCA 968

Tran v Kodari Securities Pty Ltd [2019] FCA 968

Mr Tran was dismissed because he proposed to exercise a workplace right to take legal advice before signing a new contract; this constituted adverse action and was unlawful under s 340 of the Fair Work Act. The respondents' conduct also amounted to coercion under s 343(1)(a). Appropriate penalties and compensation were ordered.

Jurisdiction
Australia
Judgment Date
21 June 2019
Procedural Posture
Application for Relief (adverse Action and Coercion, Civil Penalties, Contract Damages) / Judgment After Trial
Outcome
Application granted; findings of contravention of the Fair Work Act.
Legal Topics
['adverse Action' 'workplace Rights' 'coercion' 'unfair Termination' 'compensation for Termination' 'civil Penalties' 'reasonable Notice']
['industrial Law' 'employment Law'] ['adverse Action' 'workplace Rights' 'coercion' 'unfair Termination' 'compensation for Termination' 'civil Penalties' 'reasonable Notice']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Relief (adverse Action and Coercion, Civil Penalties, Contract Damages) / Judgment After Trial

Legal Issues

  1. 1 ['Whether the applicant exercised or proposed to exercise a workplace right (to seek legal advice)' 'Whether respondents took adverse action (termination) because of the exercise/proposed exercise of that right' 'Whether respondents coerced applicant not to exercise that right' 'Whether the applicant was entitled to reasonable notice or compensation in contract']

Ratio Decidendi

Mr Tran was dismissed because he proposed to exercise a workplace right to take legal advice before signing a new contract; this constituted adverse action and was unlawful under s 340 of the Fair Work Act. The respondents' conduct also amounted to coercion under s 343(1)(a). Appropriate penalties and compensation were ordered.

Court Disposition

Application granted; findings of contravention of the Fair Work Act.

Orders

  • ['Penalties imposed: Kodari Securities ($35,000 and $20,000 for adverse action/coercion), Mr Kodari ($7,000), George Kodari ($4,000).' 'Compensation to Mr Tran for economic loss ($75,000 jointly and severally by Kodari Securities & Mr Kodari) and for hurt/distress/humiliation ($10,000 joint and several).' 'Parties...