Annear v Spotless Facility Services Pty Ltd

In *Annear v Spotless Facility Services Pty Ltd*, the applicant, Ms Annear, brought proceedings against the respondent, Spotless Facility Services Pty Ltd, alleging unlawful termination of her employment. The matter was heard in the Federal Court of Australia.

The primary legal issue before the Court was whether Ms Annear had been unlawfully terminated from her employment pursuant to section 772 of the *Fair Work Act 2009* (Cth). Specifically, the Court had to determine if her dismissal was because she had made a protected disclosure, as defined by section 330F of the Act, or for other reasons.

Judge O'Sullivan found that the respondent had failed to establish that the dismissal was not for a reason related to the applicant's protected disclosure. The Court applied the principles of statutory interpretation to the relevant provisions of the *Fair Work Act 2009* (Cth), including the onus of proof provisions. The Court considered the evidence presented by both parties regarding the timing of the disclosure and the reasons for dismissal, ultimately concluding that the respondent had not discharged its burden of proof.

The Court ordered that the termination of Ms Annear's employment was unlawful and that the respondent pay compensation to the applicant.