Sydney Sunny Glass Pty Ltd v McParland [2020] FCA 1017

FEDERAL COURT OF AUSTRALIA

Sydney Sunny Glass Pty Ltd v McParland [2020] FCA 1017 Appeal from: McParland v Origin Oz Holdings t/a Nuline Glass [2019] FCCA 1534 McParland v Origin Oz Holdings t/a Nuline Glass (No 2) [2019] FCCA 1674

File number(s): NSD 1066 of 2019

Judge(s): RARES J

Date of judgment: 24 July 2020

Catchwords: CONTRACTS – contractual interpretation – contracts of employment – where employee entered into a contract of employment with first employer as well as a collateral contract to obtain shares after a period of escrow during which time he would continue working for that employer – where employee transitioned prior to the conclusion of escrow period to working for second employer with "current entitlements" and first employer paid all "entitlements owing" at date of termination –– whether "current entitlements" due by second employer included obligations under collateral contract to deliver shares at end of escrow – where trial judge entered judgment jointly and severally against both employers in respect of the failure to deliver shares under collateral contract – trial judge erred in finding second employer liable under collateral contract – appeal allowed INDUSTRIAL LAW – where second employer, through actions of its principal, dismissed employee for exercising workplace right to seek compliance with workplace safety laws from a regulator in contravention of ss 340(1)(ii) and 341(1)(c) of the Fair Work Act 2009 (Cth) – consideration of whether to order both second employer and its principal to pay separate civil penalties – appropriate to impose penalty on both for contravention of s 340 – where employee's dismissal also contravened s 44(1) of the Act by reason of failures to comply with the requirements of s 117(1) and 117(2) – where contraventions part of course of conduct – consideration of civil penalties – application of principles and totality – penalties imposed by trial judge set aside