Once again, Connect legal in October 2021, has secured a significant and substantial racial discrimination damages payout, in the Federal Circuit Court of Australia, before Judge Driver, for Mr. Jospeh 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 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 team work.
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 centre 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 judgement delivered in the favour 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 decison 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 an 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 decisons we have helped many other employees who were engaged on sham contracts and please email and or contact Connect Legal for confidential advise.
Connect Legal in November 2018, also achieved another landmark judgement in Eastman v Shamrock Consultancy P/L where Ms. Eastman alleged she has been discriminated becasue of her disability pursuant to the Disability Discrimination Act . Ms. Eastman had been working for Allied Couriers through their subsidiary Shamrock and was dismissed becasue of her physial 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 oppposed the application on various technical legal grounds , but Connect Legal, its team of solicitors and barristers maintained her claim was not bared by legislation and had reasonbale propsects of success, with which the Honourable 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 judgement before the Fullbench 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 kilometre rate.
