Decision sheds more light on the meaning of ‘complaint or inquiry’
November 3, 2021A recent decision handed down by the Full Court of the Federal Court of Australia has confirmed that for the purposes of general protections claims under the Fair Work Act 2009 (Cth) (FW Act), the workplace right of being able to “make a complaint or inquiry…in relation to his or her employment” must require that the complaint or inquiry has a source of entitlement at law (and such entitlement is identified in the claim). The appellant in the case of Alam v National Australia Bank Limited [2021] FCAFC 178, Ms Alam, had been employed by National Australia Bank (NAB) for only three months when her employment was terminated. Ms Alam alleged that the termination occurred because she had exercised a workplace right, being the making of complaints and inquiries and proposing to make an anti-bullying application to the Fair Work Commission. Under s340 of the FW Act, it is unlawful to take adverse action, including terminating an employee, because that employee has exercised or proposed to exercise a workplace right (including making a complaint or inquiry in relation to their employment). Ms Alam asserted that she had made 12 complaints during her three months of employment...
