Maurice Blackburn

Maurice Blackburn gets results

The lawyers at Maurice Blackburn have successfully represented many employees in disputes over redundancy payments and other legal entitlements, from blue collar workers to senior executives.

Successful adverse action case

Maurice Blackburn has successfully run two of the three adverse action cases to be heard under the new Fair Work Act.

In the first case, we prosecuted International Aviation Service Assistance Pty Ltd for dismissing Djoko Puspitono because he had complained about his employment, and because he had taken his employer to court. We proved to the Federal Court that Mr Puspitono's employer had lied about his performance, and then relied on those lies to terminate Mr Puspitono's employment. Mr Puspitono was awarded a years pay, interest, and compensation for the hurt and humiliation he endured. This case confirms an employee can be compensated for hurt and humiliation as a result of adverse action.

We also recently prosecuted Qantas in the Federal Magistrates Court for taking adverse action against Luke Murray, a licensed aircraft engineer. We proved to the court that Qantas cancelled all possible international postings for Mr Murray because he made an inquiry about his pay when he was posted overseas. We also proved to the court that Mr Murray was intimidated by a senior manager at Qantas who was trying to coerce Mr Murray into dropping his claim.

Redundancy pay for long term employees

• Maurice Blackburn acted for Garry McCormick who sued his employer for refusing to pay him redundancy pay under his employment contract.  Mr McCormick had been employed for over 30 years when the company downsized and terminated him.  We argued that the company's redundancy policy had been incorporated into Mr McCormick's employment contract.  We were successful before the Federal Court at first instance and on appeal.

Redundancy pay for senior executives

• A senior executive of a multinational company for over 25 years. Due to a series of internal restructures he was offered a role that effectively meant his career with the company was over and he would not be able to progress any further. We successfully negotiated a multi million dollar redundancy package for the executive that included payment of deferred bonuses and a right to exercise share options when they fell due.
• A senior executive of a large transport company who was made redundant after having moved interstate to take up the role. We successfully negotiated a redundancy payment that included payment of relocation costs and bonuses.
• A senior manager of a manufacturing company was  told he would have to accept a lower position or resign. We negotiated a redundancy payment that included 12 months remuneration and a right to receive bonus payments.
• A manager in a multi-national financial services company had his position made redundant in a restructure after 18 years service.  He was offered an inferior position by the company, and told that if he did not accept it, he would not receive a redundancy package.  We advised the employee in negotiations with his employer which secured a redundancy package of over 12 months remuneration, plus shares and options.
• A senior executive of a large charitable organisation whose job was abolished halfway through the contract.  We successfully negotiated a redundancy payment that encompassed a payment for the remainder of the contract.

Unlawful discrimination and failure to pay redundancy

We acted for Bernd Brunsch in a case at VCAT where we argued that his employer had refused to give him either a transfer or a redundancy package, unlike all other employees of the company, on the grounds that he had an impairment under the Equal Opportunity Act.  VCAT found in our client's favour and made orders against the company requiring it to offer our client a transfer or a redundancy package.

Illegal sacking leads to settlement

We recently acted for a managerial employee who was falsely accused of having a conflict of interest and sacked on the spot.  After corresponding with our client's employer, we entered into negotiations and the case was settled out of court for in excess of $100,000 plus all legal expenses.

Suspension overturned by Federal Court

We recently obtained urgent Federal Court orders overturning the suspension of an employee who was being investigated over allegations of misconduct.

Record penalties obtained against Commonwealth Bank

In 2007, we went to court on behalf of the Finance Sector Union and argued that the Commonwealth Bank breached its industrial agreement and the anti-discrimination provisions of the Workplace Relations Act when it restructured its workforce.  We obtained a record financial penalty against the Commonwealth Bank in the sum of $450,000.  This was paid to our client.

Workplace discrimination

• Maurice Blackburn issued proceedings on behalf of a senior executive of a global consulting firm who was forced to try and complete a full time workload in part time hours after returning from maternity leave.  We argued that she had been discriminated against because of her gender and career status.  We were successful in negotiating a significant compensation package for her and an apology from her employers.
• We also represented a senior executive employee who was bullied, sexually harassed and discriminated against at work.  This terrible behaviour caused her to develop serious depression.  We successfully negotiated nearly two years salary as compensation and re-deployment.
• We are currently acting for two Air traffic controllers who allege systemic sex discrimination and bullying by Airservices Australia. The firm is also representing Kate Matthews who alleges unlawful sexual harrassment while she worked at a prominent Melbourne civil construction company.  Ms Mathews case is currently before the Australian Human Rights Commission.

Sacked for making a complaint - unlawful termination

In 2009, we acted for Victor Claveria against Pilkington Australia Limited and argued that our client had been unlawfully terminated in breach of the Workplace Relations Act.  We argued that he had been terminated in breach of s659 of the Act because he had made a complaint to a competent administrative authority concerning his working conditions.  The case was successful and our client received compensation and payments of over $30,000.

Payment in lieu of notice under employment contract

Maurice Blackburn represented a senior executive employee of a large retail group who had been employed for over 10 years and was terminated with only one months notice.  We were successful in negotiating six months pay in lieu of notice, with only minimal legal costs expended by our client.  We achieved this settlement without commencing litigation.

Duress at work

In 2007, we acted for Lorissa Stevens in high profile proceedings against Mining and Earth Moving Services Pty Ltd.  We issued unlawful duress and unlawful termination proceedings after she was sacked for refusing to sign an AWA.  The case was settled on the basis of payment of compensation and legal costs.