Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407

Federal Court of Australia

Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407 File number: VID 996 of 2016

Judgment of: KERR J

Date of judgment: 2 October 2020

Catchwords: INDUSTRIAL LAW – general protections – adverse action contrary to Fair Work Act 2009 (Cth) s 340 – where Applicant's employment terminated after he made seven complaints regarding bullying – operation of statutory presumption in s 361(1) – Respondents found not to have discharged onus of proving that complaints, being exercises of the Applicant's workplace rights, not a reason for termination of his employment – adverse action established INDUSTRIAL LAW – remedies – adverse action – pecuniary penalties awarded and ordered to be paid to the Applicant pursuant to Fair Work Act 2009 (Cth) s 546 INDUSTRIAL LAW – remedies – adverse action – where psychiatric evidence established the Respondents' conduct had caused a significant aggravation of the Applicant's pre-existing depressive disorder, which had resulted in the Applicant losing capacity to work – where psychiatric evidence also established a poor prognosis for the Applicant ever again being able to work in roles for which he would otherwise be qualified – compensation awarded to Applicant pursuant to Fair Work Act 2009 (Cth) s 545 for economic loss and as compensation analogous to general damages CONTRACTS – where Applicant alleged breach of contract of employment by reason of non-payment of certain incentives due to him since 2009 – where contract had been varied on several occasions – consideration of Concut Pty Ltd v Worrell [2000] HCA 64; 176 ALR 693 – finding that neither textual nor contextual considerations supported Respondents' preferred construction – breach of contract established – damages awarded