SBP Employment Solutions Pty Ltd v Smith [2021] FCA 601

Federal Court of Australia

SBP Employment Solutions Pty Ltd v Smith [2021] FCA 601 Appeal from: Smith v SBP Employment Solutions Pty Ltd & Ors (No 2) [2019] FCCA 3318 Smith v SBP Employment Solutions Pty Ltd & Ors (No 3) [2019] FCCA 3516 Smith v SBP Employment Solutions Pty Ltd & Ors (No 4) [2020] FCCA 61

File number: QUD 775 of 2019 QUD 45 of 2020

Judgment of: RANGIAH J

Date of judgment: 8 June 2021

Catchwords: INDUSTRIAL LAW – appeal against decision of Federal Circuit Court of Australia – Fair Work Act 2009 (Cth) – where employer found to have taken adverse action under s 340 – where employer's four directors and related company found accessorily liable – whether employee made "complaints or inquiries" under s 341(1)(c)(ii) – whether "complaints or inquiries" a substantial and operative reason for dismissal – where two of four directors gave evidence – challenge to adverse credibility finding based on misapplication of Jones v Dunkel inference – no substantial miscarriage of justice – no retrial – whether penalties manifestly excessive – reduction in penalties against employer and two directors – penalties against related company and two directors set aside – grounds of appeal upheld in part INDUSTRIAL LAW – penalties – where declarations made that employer failed to pay out annual leave entitlements within a reasonable time under ss 44 and 90(2) – where related company and four directors found accessorily liable – whether penalties manifestly excessive – reduction in penalties against employer and one director – penalties against related company and three directors set aside – grounds of appeal upheld in part COMPENSATION – quantum – reduction in economic loss to account for vicissitudes – grounds of appeal upheld in part COSTS – application for extension of time – extension granted – application for leave to appeal against costs orders under s 570 – leave granted – costs orders set aside – no costs – ground of appeal upheld