Alam v National Australia Bank Ltd

Alam v National Australia Bank Ltd involved an appeal against the dismissal of an adverse action claim brought by the appellant, Alam, who claimed her employment was terminated because of her exercise, and proposed exercise, of her workplace right to make complaints or inquiries in relation to her employment. The primary judge had found that the appellant had not established the requisite workplace rights. The court of appeal considered whether the primary judge erred in failing to consider whether each alleged complaint or inquiry was one to which section 341(1)(c) of the Fair Work Act 2009 (Cth) referred, whether the primary judge erred in failing to apply section 361 of the FW Act in relation to each of the alleged complaints or inquiries, and whether the appellant was denied procedural fairness. The court found that the primary judge erred in not considering whether the other complaints related to workplace rights and in not applying section 361 of the FW Act to each of the complaints. The appeal was allowed in part, and the matter was remitted to the Federal Circuit Court for re-trial before another judge.