Zara's general protection claim

Zara* was employed in a factory that was sold to a new employer, and her workplace moved to new premises. The new owner would, from time to time, smoke in the factory premises and would allow other people to smoke in the factory premises. Zara complained about the smoke to the owner of the business, but he continued. Eventually Zara made a complaint about smoking being allowed in the workplace. Inspectors made a surprisee visit to the factory on a day when Zara was not working. They spoke to the owner of the business and told him that they were there following an anonymous tip. The owner said to the inspectors “oh I know who that is, don’t worry she won’t work here for much longer”.

Immediately after the inspector’s visit ended, Zara received a text message from the owner of the business dismissing her from her employment purportedly because she used her mobile telephone during work time about one month earlier, and that her occasional absences from work due to a work-related injury were “becoming an issue”.

Zara decided to make a general protections with dismissal claim in the Fair Work Commission on the basis that the operative reason for her dismissal was because she exercised a workplace right to make a complaint about her workplace. Zara's matter progressed to the Federal Circuit and Family Court of Australia (FCFCOA). JusticeNet's FCSRS assisted Zara step-by-step through the FCFCOA process including helping Zara to draft her pleadings; advising her about service of her court documents; advising her about procedures. With the FCSRS’s help, Zara was able to obtain a favourable financial settlement of her claim.

*Name changed to protect privacy

First published 12 Mar 2022
Image credit: Safety and Health