Toyota drops High Court action over duress

News

Toyota drops High Court action over duress

The Workplace Ombudsman is continuing a prosecution against Toyota Materials Handling for allegedly forcing workers to sign agreements under duress after High Court action by the company was dropped.

WantToReadMore

Get unlimited access to all of our content.

The Workplace Ombudsman is continuing a prosecution against Toyota Materials Handling for allegedly forcing workers to sign agreements under duress after High Court action by the company was dropped.
 
However it has discontinued action against two managers in the same matter.
 
Statute-barred
 
Toyota Material Handling (NSW) had claimed that the prosecution was statute-barred under the NSW Limitations Act in referring to allegations of duress that occurred more than two years before the proceedings were commenced.
 
The Federal Magistrates Court held that a two-year statute of limitations applied and struck out parts of the Fair Work Ombudsman’s Statement of Claim which sought penalties for the alleged conduct.
 
The Fair Work Ombudsman successfully appealed that decision in the Full Federal Court. Toyota Materials Handling then took the matter to the High Court, but this was discontinued last week.
 
Litigation will proceed
 
The Ombudsman’s litigation against the company will now proceed in the Federal Magistrates Court.
 
The Ombudsman is alleging that Toyota Material Handling (NSW) breached laws relating to required procedures for executing workplace agreements, including allowing employees seven days to consider agreements and providing information statements.
 
A directions hearing has been set for 9.30 am on Thursday, 28 March 2013.
Post details