What can be a defense for this? Is there a defense for this?
"FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 360
Multiple reasons for action
For the purposes of this Part, a person takes action for a particular reason if the reasons for the action include that reason."
One of the reasons for adverse action was - "Making an inquiry in relation to employment"
" (1) A person has a workplace right if the person: (c) is able to make a complaint or inquiry: (ii) if the person is an employee--in relation to his or her employment. "
Is the argument going to be that it wasn't an inquiry in relation to employment? Any other arguments?
Once all this is established, is there anything left to argue about :
1. was there an adverse action (dismissal)
2. was applicant an employee (yes)
3. was it an inquiry in relation to employment (question about work)
4. was the protected reason (inquiry) included in reasons for the action. (yes, it was)
S340 A person must not take adverse action against another person: (a) because the other person: (ii)exercised a workplace right
"FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 360
Multiple reasons for action
For the purposes of this Part, a person takes action for a particular reason if the reasons for the action include that reason."
One of the reasons for adverse action was - "Making an inquiry in relation to employment"
" (1) A person has a workplace right if the person: (c) is able to make a complaint or inquiry: (ii) if the person is an employee--in relation to his or her employment. "
Is the argument going to be that it wasn't an inquiry in relation to employment? Any other arguments?
Once all this is established, is there anything left to argue about :
1. was there an adverse action (dismissal)
2. was applicant an employee (yes)
3. was it an inquiry in relation to employment (question about work)
4. was the protected reason (inquiry) included in reasons for the action. (yes, it was)
S340 A person must not take adverse action against another person: (a) because the other person: (ii)exercised a workplace right