Johnson v H&M Hennes & Mauritz Pty Ltd
Citation: [2026] FCA 834
At a glance
- Employees affected
- 1
What happened
Javana Johnson commenced proceedings against H&M Hennes & Mauritz Pty Ltd (H&M) in February 2026, alleging general protections under the Fair Work Act. Shortly after, H&M filed an interlocutory application seeking suppression and non-publication orders to prevent media reporting of the case documents. This application was made without argument before a Registrar who made interim orders including a suppression order. The applicant’s solicitor had previously received communications from H&M indicating they would defend the case fully and were unconcerned about media reporting.
What was decided
The Federal Court dismissed H&M's interlocutory application for suppression and non-publication orders, which was no longer being pursued. Justice Lee found that filing and maintaining this application was an unreasonable act under section 570 of the Fair Work Act. As a result, H&M was ordered to pay Johnson’s costs associated with dealing with H&M's interlocutory application.
What it means for employers
Employers should carefully consider the basis for seeking suppression orders and ensure they are genuinely necessary to protect the administration of justice. Making unfounded applications can lead to cost orders against the employer, as seen in this case. Communications with opposing counsel should align with actions taken in proceedings.
What it means for employees
Employees who face adverse action claims may be entitled to recover costs from their former employer if the employer pursues unreasonable legal tactics, such as filing frivolous suppression applications.
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https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0834Want more cases like this?
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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 →