Joseph v Parnell Corporate Services Pty Ltd (No 2) [2020] FCA 838

FEDERAL COURT OF AUSTRALIA

Joseph v Parnell Corporate Services Pty Ltd (No 2) [2020] FCA 838 File number: NSD 1035 of 2018

Judge: FLICK J

Date of judgment: 17 June 2020

Catchwords: INDUSTRIAL LAW – termination of employment contract not unlawful – misconduct – unpaid annual leave and long service leave entitlements CONTRACT – damages for settlement of proceedings instituted overseas PRACTICE AND PROCEDURE – costs

Cases cited: Joseph v Parnell Corporate Services Pty Ltd [2020] FCA 426

Date of hearing: Determined on the papers

Date of last submissions: 29 May 2020

Registry: New South Wales

Division: Fair Work Division

National Practice Area: Employment & Industrial Relations

Category: Catchwords

Number of paragraphs: 10

Solicitor for the Applicant: Harmers Workplace Lawyers

Solicitor for the Respondents: Atanaskovic Hartnell

ORDERS NSD 1035 of 2018

BETWEEN: ROBERT JOSEPH Applicant

AND: PARNELL CORPORATE SERVICES PTY LTD (ACN 138 251 617) First Respondent

PARNELL PHARMACEUTICALS HOLDINGS LTD (ACN 137 904 413) Second Respondent

PARNELL CORPORATE SERVICES U.S. INC. (and another named in the Schedule) Third Respondent

AND BETWEEN: PARNELL CORPORATE SERVICES PTY LTD (ACN 138 251 617) (and others named in the Schedule) First Cross-Claimant

AND: ROBERT JOSEPH Cross-Respondent

JUDGE: FLICK J DATE OF ORDER: 17 JUNE 2020

THE COURT ORDERS THAT:

1. Judgment for the Applicant/Cross-Respondent against the Third Respondent/Third Cross-Claimant in the amount of US$141,559.90 inclusive of interest to the date of judgment. 2. The Third Respondent/Third Cross-Claimant to pay post-judgment interest on the amount of the judgment in Order 1 as is from time to time unpaid at the rate fixed by r 39.06 of the Federal Court Rules 2011 (Cth) pursuant to s 52 of the Federal Court of Australia Act 1976 (Cth). 3. Judgment for the Respondents/Cross-Claimants against the Applicant/Cross-Respondent in the amount of US$1,004,689.54 inclusive of interest to the date of judgment. 4. The Applicant/Cross-Respondent to pay post-judgment interest on the amount of the judgment in Order 3 as is from time to time unpaid at the rate fixed by r 39.06 of the Federal Court Rules 2011 (Cth) pursuant to s 52 of the Federal Court of Australia Act 1976 (Cth). 5. The Applicant is to pay the costs of the Respondents, either as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.