Joseph v Parnell Corporate Services Pty Ltd [2021] FCAFC 67

Federal Court of Australia

Joseph v Parnell Corporate Services Pty Ltd [2021] FCAFC 67 Appeal from: Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426; Joseph v Parnell Corporate Services Pty Ltd (No 2) [2020] FCA 838

File number: NSD 764 of 2020

Judgment of: LOGAN, KATZMANN AND SNADEN JJ

Date of judgment: 11 May 2021

Catchwords: INDUSTRIAL LAW – appeal and cross-appeal – claims arising from non-payment of employment entitlements – cross-claim arising from damage caused by breaches of employment obligations – secondment of employee to related foreign corporation – whether claims for unpaid entitlements inure as against Australian employer or foreign second employer – whether non-payment of certain entitlements contravened Fair Work Act 2009 (Cth) – whether primary judge erred in failing to make findings concerning alleged contraventions – whether primary judge erred by not imposing civil penalties for alleged contraventions – where limited power in proceedings in relation to a matter arising under the Fair Work Act to order that costs incurred by one party be paid by another, whether primary judge erred in awarding costs to respondents – whether cross-claim was a proceeding in relation to a matter arising under the Act – whether primary judge erred in calculating entitlement to long service leave – whether primary judge erred in finding that two payments made in settlement of third-party litigation were reasonably recoverable as damages for breach of employee's duties – whether a third such payment ought also to have been recoverable – whether circumstances warranted a single, net judgment CONTRACT – termination of employment for misconduct – settlement of proceedings instituted by third parties in consequence of employee's misconduct – whether settlement amount reasonably recoverable from employee as damages