INDUSTRIAL LAW – claims made by employee for orders as to compensation and penalties following determination that her employer had contravened ss 340(1)(a) and 351(1) of the Fair Work Act 2009 (Cth) (FW Act) – claim for compensation made under s 545(2)(b) of the FW Act – where employee claimed she suffered mental harm – where employee further claimed compensation for past and future economic loss, non-economic loss, past and future out of pocket expenses and past and future gratuitous care because of the contraventions – where employer opposed payment of any compensation despite clear findings of contravention – where neither party challenged the opposing party’s expert and other evidence – where the parties’ respective positions as to compensation were ambitious and untethered to statutory norms – assessment of appropriate compensation – where inconsistent expert evidence adduced but not challenged – evidentiary foundation lacking – claim for penalties to be imposed under s 546 of the FW Act – where employee sought the imposition of penalties – where employer opposed the imposition of penalties – Held: compensation awarded for economic loss, non-economic loss and out of pocket expenses – penalties imposed because they are necessary for the promotion of the public interest in securing compliance with the provisions of the FW Act
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2025/2025fca0448For more information, see the original judgement.
