Manager found personally responsible for adverse action against hospitality employee.

We received judgment this week for a client in an adverse action in the FCC. The Employer, Edition Coffee Roasters, entered voluntary liquidation after proceedings commenced. The Court found the director of the company, Mr Jackson personally liable under s550 of the Fair Work Act for the damages to our clients employment.

Edition Coffee Roasters and Mr Jackson damaged Mr New in his employment after he enquired about unpaid entitlements of other employees and sought to negotiate his own entitlements. The adverse action included denying a support person, systematic demotion, exclusion, withholding entitlements and harassment on multiple social media channels both inside and outside of work hours (amongst other things).

Edition Coffee Roasters and Mr Jackson were found to made have multiple contraventions of 6 provisions of the Fair Work Act and 4 provisions of the Restaurant Industry Award - unpaid overtime and entitlements, excessive hours, requiring a 50 hour work week, denying a support person, failure to keep records and others.

Her Honour said “Mr Jackson was responsible for the operations of Edition Coffee concerning Mr New’s working conditions and pay, I find that he was involved in Edition Coffee’s contraventions”.

A finding under S550 Fair Work Act makes Mr Jackson personally liable for the award of damages to Mr New.

If you know anyone in the restaurant industry who wants to ensure they are paying employees the correct entitlements please refer them to us Voice Lawyers 02 9261 1954

Read the full judgment here:

New v Edition Coffee Roasters Pty Ltd [2021] FCCA 777 (20 April 2021) (austlii.edu.au)