Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Claveria v Pilkington Australia Limited (No 2) [2007] FCA 1917
INDUSTRIAL LAW – Unlawful termination contrary to s 659 Workplace Relations Act 1996 (Cth) – penalty under s 665 – lost remuneration – superannuation
Workplace Relations Act 1996 (Cth), s 665 Mason v Harrington Corporation Pty Ltd [2007] FMCA 7 referred to Kelly v Fitzpatrick [2007] FCA 1080 cited Finance Sector Union v Commonwealth Bank of Australia (2005) 147 IR 462 cited Claveria v Pilkington Australia Ltd [2007] FCA 1692 cited Vickery v Assetta [2004] FCA 555 cited Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union v DMG Industries Pty Ltd (1999) 89 IR 360 cited Stewart v Nickles [1999] FCA 888 cited Gibbs v Altona City Corporation (1992) 37 FCR 216 cited Furey v Civil Service Association of WA (Inc) (1999) 91 FCR 407 applied Comcare v Fyfe [1999] FCA 1368 cited Deane v Paper Australia Pty Ltd (2003) 121 IR 362 cited Laz v Downer Group Ltd (2000) 108 IR 244 applied VICTOR CLAVERIA v PILKINGTON AUSTRALIA LIMITED VID 214 OF 2007
KENNY J
6 DECEMBER 2007
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 214 OF 2007
BETWEEN: VICTOR CLAVERIA
Applicant
AND: PILKINGTON AUSTRALIA LIMITED
Respondent
JUDGE: KENNY J
DATE OF ORDER: 6 DECEMBER 2007
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. A penalty of $4,000 be imposed on the respondent in respect of its contravention of s 659 of the Workplace Relations Act 1996 (Cth). 2. On or before 20 December 2007: (a) the respondent pay the penalty of $4,000 to the applicant; (b) the respondent pay compensation in the sum of $27,643.00 (less any tax required by law to be deducted) to the applicant; (c) the respondent pay $2,924.31 to the applicant's nominated superannuation trustee for payment into a superannuation fund in respect of the applicant. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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