INDUSTRIAL LAW – appeal from the (then) Federal Circuit Court of Australia (“FCCA”) – adverse action – where respondent successfully obtained judgment – where matter remitted to FCCA for assessment of damages and penalties – where appellants deemed to have contravened provisions of the Fair Work Act 2009 (Cth) (“FW Act”) – whether primary judge erred in finding that respondent would have remained employed for a period of 26 weeks – whether error as alleged was discretionary – whether primary judged erred in assessment of accrued annual leave entitlements – whether primary judge erred in appraising evidence – whether respondent’s abandonment of claims to contractual relief was unreasonable – whether primary judge erred in declining to award costs pursuant to s 570 of the FW Act – whether factual or legal error in ordering that penalties be paid directly to the respondent – whether the primary judge failed to consider factors in exercising discretion – error not established – appeal dismissed
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca0519
For more information, see the original judgement.
