On 24 February 2015, Federal Circuit Court His Honour Judge Lucev ordered that Edwards Motors Pty Ltd of Katanning (“Edwards Motors”) must pay back pay and penalties to their former employee (our Client), Mr Andre Elwin and were found to have contravened multiple sections of the Fair Work Act.
Generally, unless there are special circumstances, voice recordings obtained without both parties consent are not to be relied on as evidence. In (our Client) Andre Elwin’s case, we were successful in having His Honour rely on voice recordings which were crucial in proving the contraventions.
George Papamihail Barristers & Solicitors and Counsel David Howlett succeeded in having the Court decide that Edwards Motors conduct and actions against (our Client) Andre Elwin resulted in 11 separate contraventions of the Fair Work Act.
His Honour found that the conduct and actions contravened his workplace right to protection against:
Coercion by his employer;
Misrepresentations by his employer; and
Dismissal due to temporary absence due to illness or injury.
Edwards Motors was ordered by the Court to pay penalties for each one of the 11 contraventions.
His Honour Judge Lucev’s reasons for this finding can be found in our publications section.
Are you concerned about your employer? Does your employment circumstances and conditions concern you? Contact George Papamihail Barristers & Solicitors on (08) 9228 2794 to speak to one of our solicitors.
The official report can be found here.