From the SMH.
AAP
An Indonesian aircraft engineer employed on a visa has been awarded $85,000 in compensation after the Federal Court ruled his employer had breached work laws.
The case is believed to be the first of its kind where the court has found an employer guilty of breaching the Fair Work Act and awarding $85,000 compensation for lost wages including compensation for hurt and humiliation.
In April 2009 Djoko Puspitono was working in Perth for International Aviation Service Assistance, which carries out aircraft maintenance for Garuda.
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After complaining about not receiving overtime, the employer reviewed Mr Puspitono's performance and sacked him.
He was reinstated after making an unfair dismissal claim but five months after, his employer told Garuda his personality was unsatisfactory, which meant he lost his authorisation to work on Garuda aircraft, and was sacked again.
Mr Puspitono's lawyer Giri Sivaraman said the Federal Court's decision sent a message that workers had a right to raise concerns about their pay and entitlements without fear.
"Mr Puspitono was treated in a disgraceful way by his employer," he said.
"He lost his right to stay in Australia and has had to return to Indonesia.
"His health has suffered (and) his family suffered because they relied on his wages for his children's education and housing costs in Indonesia."
Mr Sivaraman said the court decision had set several precedents including the fact that the court could order employers to pay lost wages, compensation and damages for humiliation.
"It also highlights that making a negative assessment of an employee that adversely affects the continuation of his employment is adverse action," he said.
The issue of costs, penalties and interest will be heard on April 12