The Case

Nino v Kuksal (2022)

Mr Kuksal was the sole director of two companies: Kornucopia Pty Ltd and Avante-Gard Pty Ltd. Through these two entities, Mr Kuksal employed eight cleaning employees (the applicants in the proceedings), who were international students. Mr Kuksal deregistered the companies and failed to pay the employees their entitlements.

The employees commenced proceedings in the small claims division of the Federal Circuit and Family Court of Australia (Division 2). They claimed Mr Kuksal was an accessory of the employing companies’ failure to pay the employees their employment entitlements.