Bartlett v Signostics Ltd (in Liq) (No.2)

In *Bartlett v Signostics Ltd (in Liq) (No.2)*, the applicant, Mr Bartlett, brought proceedings against the respondent, Signostics Ltd (in Liquidation), alleging breaches of his workplace rights under the *Fair Work Act 2009* (Cth). The dispute concerned the respondent's alleged failure to pay Mr Bartlett his accrued annual leave entitlements upon the termination of his employment.

The primary legal issue before the Federal Circuit Court of Australia was whether the respondent had taken adverse action against Mr Bartlett by failing to pay his annual leave entitlements, and whether this failure constituted a contravention of the *Fair Work Act 2009* (Cth). The court was required to determine if the respondent's conduct was motivated by Mr Bartlett exercising a workplace right, specifically his entitlement to annual leave.

Judge Heffernan found that the respondent had indeed contravened the *Fair Work Act 2009* (Cth) by failing to pay Mr Bartlett his accrued annual leave. The court reasoned that the failure to pay the leave entitlements was directly linked to Mr Bartlett's exercise of his workplace right to that leave. The respondent's conduct was therefore deemed to be adverse action. The court ordered the respondent to pay Mr Bartlett the outstanding annual leave entitlements and imposed a pecuniary penalty for the contravention.