the Applicant v Sort Worx Pty Ltd
Citation: [2013] FCA 1012
At a glance
- Penalty
- $10,000
- Employees affected
- 1
What happened
the Applicant was dismissed by Gippsland Waste on 24 July 2012 without valid reason. The Fair Work Commission found the dismissal unfair and ordered reinstatement with restoration of lost pay and superannuation. However, after the Commission's orders, Gippsland Waste lost its major council contracts and no longer had positions available. By the time of trial, the Applicant was no longer seeking reinstatement.
What was decided
The Court ordered Gippsland Waste to comply with the Commission's orders. The company paid $15,045.39 in lost wages plus $385.71 superannuation. The Court imposed a civil penalty of $10,000 on Gippsland Waste for contravening the Commission's orders, with a three-month stay on the penalty.
What it means for employers
Employers must comply with Fair Work Commission orders for reinstatement and restoration of wages. Failure to comply without valid justification results in civil penalties. Change of business circumstances does not excuse non-compliance with orders to reinstate.
What it means for employees
When an employee wins an unfair dismissal claim and is ordered reinstated, the employer must comply with the order. If reinstatement becomes impossible due to business changes, the employer still owes the employee lost wages and superannuation, plus may face penalties.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →