Event and Time
Event Description
- The case involves the assessment of pecuniary penalties for a contravention of section 44(1) of the Fair Work Act 2009 (Cth) (FW Act) regarding redundancy pay owed to Mr. Symons by the first respondent, PW.
- The second respondent, Mr. Vercoe, was also found to be involved in the contravention.
Application and Claims
- Mr. Symons, the applicant, claimed that he was entitled to redundancy pay that was not provided to him.
- The first respondent (PW) contravened section 44(1) of the FW Act by failing to pay the owed redundancy.
- The second respondent (Mr. Vercoe) was involved in the same contravention.
Judicial Decisions
- The court found both PW and Mr. Vercoe liable for the contravention of section 44(1) of the FW Act.
- Pecuniary penalties were imposed: $12,000 on PW and $2,400 on Mr. Vercoe.
- The application for costs submitted by Mr. Symons was dismissed.
Dispute Points and Legal Basis
Dispute Points
- Claimant's Position (Mr. Symons):
- Asserts entitlement to redundancy pay due under section 119(1)(a) of the FW Act. - Argues that both respondents should be held responsible for the payment. - Requests an order for costs in addition to penalties.
- Respondents' Position (PW and Mr. Vercoe):
- Accept that PW contravened the FW Act. - May argue against the severity of the pecuniary penalties imposed. - Opposed the claimant's application for costs, asserting no unreasonable behavior occurred in settlement discussions.
Ruling and Impact
Ruling Result
- The court ruled: