Al-Attar v Consulate General of the Republic of Iraq, Sydney

This matter concerned claims brought by Mr Al-Attar against the Consulate General of the Republic of Iraq, Sydney. Mr Al-Attar commenced employment with the Consulate as a translator on 1 June 2016, classified as a "locally engaged staff" member. The dispute centred on whether the Consulate had taken adverse action against Mr Al-Attar in contravention of section 340(1) of the *Fair Work Act 2009* (Cth). The proceedings were heard by Manousaridis J in the Federal Circuit and Family Court of Australia.

The primary legal issue before the Court was to determine whether the Consulate had engaged in adverse action against Mr Al-Attar. This required the Court to make findings of fact regarding the evidence presented, including the authenticity of certain memoranda, and to assess whether any actions taken by the Consulate constituted adverse action under the *Fair Work Act 2009* (Cth). The Court also had to consider the Consulate's established practices for engaging and renewing the employment contracts of locally engaged staff.

In reaching its decision, the Court relied on principles for assessing evidence and making findings of fact, as previously identified in a related judgment, *Yalda v Consulate General of the Republic of Iraq, Sydney* [2021] FCCA 499. The Court made findings of fact regarding Mr Al-Attar's employment and the Consulate's contractual practices, noting that renewal of fixed-term contracts for locally engaged staff was not automatic and was subject to the Head of Mission's ultimate decision, considering performance feedback and any limitations imposed by the Ministry, such as budget constraints. The Court then proceeded to consider whether the Consulate had taken adverse action against Mr Al-Attar and, if so, whether this contravened section 340(1) of the *Fair Work Act 2009* (Cth).