INDUSTRIAL LAW – whether employer took adverse action in issuing first and final warning and or terminating employee because employee exercised workplace right to make a complaint or inquiry in relation to employment in contravention of ss 340(1)(a)(ii) and 341(1)(c)(ii) of the Fair Work Act 2009 (Cth) or her race in contravention of s 351(1) – where multiple decision-makers took adverse action to terminate employee’s employment – whether any decision-maker had any proscribed substantial and operative reason for taking adverse action – whether s 793(2) or (3) attributed state of mind of one or more decision-makers to employer in relation to negating presumption in ss 360 and 361(1) of Act – where evidence by employer’s decision-makers not negate presumption that adverse action of termination of employee taken because employee exercised workplace right to make complaint or inquiry or because of employee’s race – Held: adverse action taken for proscribed reason in terminating applicant but not in issuing warning
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2023/2023fca1010
For more information, see the original judgement.
