On 2 October 2020, the Federal Court of Australia in Roohizadegan v TechnologyOne Limited (No 2) [2020] FCA 1407 awarded close to $5 million in damages and penalties to the successful applicant, by relying on a mixture of breaches under the Fair Work Act 2009 (Cth), breach of contract damages, general law damages and penalties.
The Court found that the applicant made a complaint which was founded on his previous employer’s ‘Open Door Policy’ and its ‘Workplace Bullying Policy’. The Court made clear that the employer’s policies and contract, meant that the applicant was able to satisfy the first element of a General Protections claim. That is, the applicant made a ‘complaint‘ about being bullied and his contract of employment. Ultimately, the applicant successfully led evidence in the matter to show that he was terminated because he exercised a workplace right.
This recent case shows that in order for a General Protections claim to succeed, the Applicant must have strong and credible evidence to rely upon. The evidence in this matter was significant and long and serves as a good reminder that:
- General Protection claims are evidentiary driven. Witnesses will have their credibility attacked and honesty is explicitly considered by the Court.
- Obtaining expert evidence that supports a finding that the applicant has complete incapacity to work is integral. In this matter, there were three expert opinions obtained from psychiatrists.
- Obtaining expert evidence from a forensic account may be useful to quantify the loss of future earnings. This will determine the quantum of compensation awarded by the Court.
- If the evidence is strong, the quantum claimed in a General Protections claim can be significant.
- Obtaining a strong chronology in a General Protections claims is important. The chronology should show that the decision to terminate an employee was made after the employee made their complaint.
- Making a claim for damages under a General Protections claim is a ‘mixed bag‘ and may include compensation under the Fair Work Act 2009 (Cth), general damages for pain and suffering (including physical pain, mental illness or anguish, loss of enjoyment of life and loss of the amenities of life), damages under breach of contract and special damages.
This case is a very good example of the guiding principles required in a General Protections claim. The full decision can be read here.
The information contained in this post is current at the date of editing – 29 September 2023.
