VIC Taking Employer to Magistrates Court - How to Get an Injunction?

[Rod]

Hi guys,

How do I go about getting an injunction and cost orders against an ex-employer?

I'm wanting the ex-employer to stop doing something that is contrary to a settlement agreement. No money is involved so I'm thinking an injunction is what I need but not sure which form to use to apply at the local magistrates court in Vic.

If I am granted the injunction under employment law, is it guaranteed (almost) that a costs order will be equally as successful?

 

[John R]

Hi @Rod,

1. I assume that the agreement was an employment separation agreement or similar? If yes, did it include a dispute resolution clause and what does it say?
2. I assume that Victoria is the governing jurisdiction in the agreement or that both parties are in Victoria?

 

[Rod]

Hi John,

1. This is a post separation agreement involving underpayments. The broken term basically says 'no saying naughty things to/about each other'. I have evidence this term has been broken. As there is no goodwill, on either side, prefer to take the matter to court. No damages per se, but seeking court orders to stop the poor behaviour. Then it becomes contempt of court if the behaviour continues and is punishable by the court.

Could go back to the Fair Work Commission and terminate the whole agreement (reached as part of mediation) but not worth it at the moment, rest of agreement is being kept ie paying the money.

2. Yes and yes.