Naval recruits who challenged themselves to obtain a trade qualification have been awarded as much as $125,000 (US$85,900) each after a long-running legal dispute over the qualifications they were promised but did not obtain.
The final sums will be subject to negotiation, taking into account lost interest as well as income tax.
New South Wales (NSW) Supreme Court Justice Peter Garling awarded damages for nine recruits on June 16 in sums ranging from $40,000 (US$27,500) to $125,000 after they did not receive the training and resulting qualification they were promised when they enlisted.
Lead plaintiff Clayton William Searle enlisted in the Royal Australian Navy as a marine technician and was to receive training over four years to receive a Certificate IV in engineering.
Other recruits signed similar contracts between September 2010 and October 2012. They did not receive the qualification.
Negligent misrepresentation and deceit claims were abandoned but a lawsuit against the Commonwealth proceeded seeking damages for breach of contract, successfully appealing against judicial decisions initially dismissing the case first filed in 2016.
“The group members claim to have suffered loss and damage which, in broad terms, is the value of the lost opportunity to seek employment outside the Navy having attained a Certificate IV,” Justice Garling said on June 16.
Garling ordered the parties to agree on final sums for the nine recruits awarded damages on June 16, taking into account interest and taxation, before a hearing for further directions on July 17.
Searle was previously awarded damages of $60,000 (US$41,000).
Justice Garling calculated others based on their personal circumstances and assessed lost earning capacity.
Patrick Burnett was awarded $125,000, having spent some of his time “playing cards and reading newspapers with other sailors” before discharging for family reasons amid dissatisfaction over his experience and the training he was able to receive.
The same amount was awarded to Jared Wajwoda, who had other qualifications before joining the navy and ended up training fellow recruits in welding when a more qualified supervisor was not available.
Despite his Royal Australian Air Force (RAAF) officer parents encouraging him to join the air force instead, Mostyn Williams signed up for the navy, because he “preferred the idea of working with his hands and wanted to learn a trade.”
He has been awarded $100,000 (US$68,700) after being denied a trade qualification.
Stephen Trappett was going to give the navy four years to convince him to remain enlisted after obtaining his qualification, before he was told three years in he would not get it and should enrol in something else.
“I did not want to enrol in a Certificate III which would require a further three years of service for a lower qualification than the one I had enlisted for,” Trappett said.
He has been awarded $85,000 (US$58,400).
