Event and Time
Event Description
On 29 July 2022, the Federal Circuit and Family Court of Australia (Division 2) presided by Judge Manousaridis issued orders against the Consulate General of the Republic of Iraq, Sydney, regarding violations of the Fair Work Act 2009 (Cth) by the Consulate as it pertained to three applicants—Mariam Yalda, Ali Al-Attar, and Mr. Sultan.
Application and Claims
The applicants claimed that the Consulate had unlawfully notified them of the non-renewal of their employment contracts and had failed to fulfill statutory obligations under the Fair Work Act, specifically:
- Section 340(1): Unlawful termination of employment.
- Section 536(1): Failure to provide pay slips within one working day of payment.
- Section 44(1): Failure to pay accrued leave entitlements upon termination of employment.
Judicial Decisions
The judge ordered the Consulate to pay pecuniary penalties:
- Mariam Yalda:
- $25,000 for contravention of s 340(1) - $10,000 for contravention of s 44(1) - $5,000 for contravention of s 536(1)
- Ali Al-Attar:
- $25,000 for contravention of s 340(1) - $10,000 for contravention of s 44(1) - $5,000 for contravention of s 536(1)
- Mr. Sultan:
- Similar penalties were ordered applicable to s 340(1), s 44(1), and s 536(1), although the specific amounts were not documented above.
The respondent was ordered to pay these penalties within 28 days of the pronouncement.