Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
United Voice v MDBR123 Pty Ltd (No 2) [2015] FCA 76 Citation: United Voice v MDBR123 Pty Ltd (No 2) [2015] FCA 76
Parties: UNITED VOICE v MDBR123 PTY LTD and DENIS HINTON
File number: QUD 498 of 2013
Judge: RANGIAH J
Date of judgment: 4 February 2015
Catchwords: INDUSTRIAL LAW – pecuniary penalty orders – determination of appropriate penalty amount – totality principle – deliberate and flagrant breach – need for deterrence – other genuine reasons for adverse action – respondent made reasonable offer to settle – pecuniary penalty warranted – penalty to be paid to applicant in recognition of risk and expense of proceedings COMPENSATION – termination of employment – loss of past earnings – loss of future earnings – loss of ability to enjoy paid holidays – compensation awarded
Legislation: Fair Work Act 2009 (Cth) ss 340, 346, 539, 545, 546(2)(a), 546(2)(b) and 546(3)
Cases cited: Australian Ophthalmic Supplies Pty Ltd v McAlary-Smith (2008) 165 FCR 560 cited Construction, Forestry, Mining and Energy Union v BHP Coal Pty Ltd (No 5) [2013] FCA 1384 cited Gibbs v The Mayor, Councillors and Citizens of the City of Altona (1992) 37 FCR 216 cited Kelly v Fitzpatrick (2007) 166 IR 14 cited National Tertiary Education Union v Royal Melbourne Institute of Technology [2013] FCA 451 cited Plancor Pty Ltd v Liquor, Hospitality and Miscellaneous Union (2008) 171 FCR 357 cited Seven Network (Operations) Ltd v Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia (No 2) (2001) 110 IR 372 cited Woodside Burrup Pty Ltd v Construction, Forestry, Mining and Energy Union [2011] FCA 949 cited
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