Our Achievements and Court Judgments

Once again, Connect Legal in October 2022, has secured Australia’s largest racism compensation payout pursuant to the Racial Discrimination Act 1975 at the Federal Circuit Court before Judge Street, in Perth, Western Australia, for Mr. Nicolas Riley, a gentleman of First Nations and Aboriginal culture and heritage, where his former fellow work colleague subjected him to racial and unlawful discrimination and he was award $70,000 for general damages and his legal costs. The damages payout was for General Damages and or non-economic loss and all this was achieved through Mr. Riley telling Judge Street the racism he had experienced and through exceptional teamwork.

Please see the judgment link for further reading Riley v SJ Traffic Management Pty Ltd [2022] FedCFamC2G 896 (24 October 2022)

Once again, Connect Legal in October 2021, secured a significant and substantial racial discrimination damages payout, in the Federal Circuit Court of Australia, before Judge Driver, for Mr. Joseph Ferguson, where his former employer and senior officers, were found to have subjected him to racial and unlawful discrimination and he was award $50,000 for general damages and his legal costs. Judge Driver also ordered his former employer, to provide him with an apology, which is a very rare accomplishment. The damages payout was for General Damages and or non-economic loss and all this was achieved through Mr. Ferguson telling Judge Driver the racism he had experienced and through exceptional teamwork.

Please see the judgment link for further reading Ferguson v John A Martin & Kevin J Pendergast trading as Sharks Shire Pumping [2021] FedCFamC2G 58 (29 October 2021). 

Connect Legal in August 2017 also secured a landmark judgement in the Federal Court of Australia, Putlands v Royans Wagga  in relation to individuals who were actually engaged as contractors, but were in effect employees. Both Linda Husband and Shane Putland from Wagga Wagga were engaged as call center operators by Royans Truck Repairs from 2005 and 2010 respectively until 2015 on sham contracts, working extensive hours and paid substantially below the Clerks Private Sector Award. The case ran over 7 days finishing in August 2016 with a judgement delivered in the favor of the Putlands in August 2017.

Justice Bromwich of the Federal Court made various observations in relation to the multi-indicia and control tests and Connect Legal were able to secure the Putlands a landmark victory, deeming them employees pursuant to the Fair Work Act 2009 and the Clerks Private Sector Award and recovering outstanding award entitlements.

Pursuant to this landmark decision of the Federal Court, many judgements have referred to the Putland case and many legal firms have provided their observations, but it was through the joint efforts of Linda and Shane Putland, Connect Legal its team of solicitors and barristers that we were able to remedy injustice and set the record straight.

Please see other sham contracting cases that Connect Legal have acted for and recovered substantial award and industrial entitlements. Pasalic v Technometal P/L .

Since the Putland decisions we have helped many other employees who were engaged in sham contracts please email and or contact Connect Legal for confidential advice.

Connect Legal in November 2018, also achieved another landmark judgment in Eastman v Shamrock Consultancy P/L  where Ms. Eastman alleged she has been discriminated against because of her disability pursuant to the Disability Discrimination Act .

Ms. Eastman had been working for Allied Couriers through their subsidiary Shamrock and was dismissed because of her physical disability. Ms. Eastman filed an application at the Australian Human Rights Commission and when unsuccessful she then lodged an application at the Federal Circuit Court. Shamrocks opposed the application on various technical legal grounds, but Connect Legal, its team of solicitors and barristers maintained her claim was not barred by legislation and had reasonable prospects of success, with which the Honorable Court agreed.

Finally we were able to secure a costs order against Shamrock Consultancy P/L and we say no more, please read the costs judgement. 

Connect Legal in February 2012 also secured a landmark judgment before the Full bench of the Industrial Court of NSW, RJ Enterprises v Booth Transport, regarding the interpretation of the General Carriers Contract Determination. Since 1984 NSW owner drivers had an award that safeguarded their industrial rights, but regrettably it was unclear how it worked in relation to the hourly rate and standing rate. Connect Legal helped three Applicant owner-drivers to clearly articulate the workings of the Award and since that date, many NSW owner-drivers have been paid a fair and sustainable hourly and kilometer rate.