Naval recruits who had sought to obtain a trade qualification have finally been compensated, receiving up to $125,000 (US$85,900) each, following a prolonged legal dispute regarding the qualifications they were promised but ultimately did not receive.
The final settlement amounts will be subject to negotiation, taking into account lost interest and income tax.
On June 16, New South Wales (NSW) Supreme Court Justice Peter Garling awarded damages to nine recruits, ranging from $40,000 (US$27,500) to $125,000, as they did not receive the promised training and qualifications upon enlisting in the Royal Australian Navy.
The lead plaintiff, Clayton William Searle, enlisted as a marine technician and was supposed to undergo four years of training to obtain a Certificate IV in engineering. Similar contracts were entered into by other recruits between September 2010 and October 2012, all of whom did not receive the promised qualifications.
While claims of negligent misrepresentation and deceit were abandoned, a lawsuit against the Commonwealth persisted, seeking damages for breach of contract. The case, initially filed in 2016, succeeded in appealing against earlier dismissals.
Justice Garling explained on June 16 that the recruits claimed to have suffered a loss, the value of which represents the missed opportunity to seek employment outside the Navy with a Certificate IV qualification.
Garling directed the parties to agree on the final settlement amounts for the nine recruits who were awarded damages, taking into account interest and taxation. A hearing for further instructions is scheduled for July 17.
Previously, Searle was granted damages of $60,000 (US$41,000), while the amounts awarded to other recruits were determined based on their individual circumstances and assessed lost earning potential.
For instance, Patrick Burnett received $125,000, having spent some of his time engaging in leisure activities before leaving due to family reasons and dissatisfaction with his training experience.
Jared Wajwoda also received $125,000. As a recruit with existing qualifications, he ended up training fellow recruits in welding due to a lack of a more qualified supervisor.
Mostyn Williams, despite being encouraged by his parents, who were officers in the Royal Australian Air Force (RAAF), to join the air force instead, joined the navy with a desire to work with his hands and learn a trade. He was awarded $100,000 (US$68,700) after being denied a trade qualification.
Stephen Trappett, on the other hand, planned to give the navy four years to convince him to continue his service after obtaining his qualification. However, three years into his service, he was informed that he would not receive the expected qualification and was advised to pursue other options. Trappett has been awarded $85,000 (US$58,400).