Bell v Ouyen Hotel Pty Ltd

The applicant, Ms Bell, brought proceedings against her former employer, Ouyen Hotel Pty Ltd, alleging adverse action under the *Fair Work Act 2009* (Cth). The central dispute concerned whether Ms Bell had resigned from her employment or whether her employment had been terminated by the employer's repudiatory conduct. Ms Bell also claimed entitlement to alleged award underpayments. The matter was heard by Burchardt J in the Federal Court of Australia.

The court was required to determine whether the employer had engaged in adverse action against Ms Bell by taking adverse action against her in the course of her employment because she had exercised a workplace right. This involved assessing whether the employer's actions constituted a breach of contract so fundamental as to amount to a repudiation, thereby entitling Ms Bell to treat the contract as terminated and claim damages. Furthermore, the court needed to consider the consequences of the employer's failure to provide payslips as required by the *Fair Work Regulations 2009* (Cth).

Burchardt J found that the employer's conduct, including a failure to provide a safe working environment and a failure to pay entitlements, amounted to a repudiation of the employment contract. Consequently, Ms Bell was entitled to accept this repudiation and claim damages for breach of contract, rather than having resigned. The court also determined that the employer had contravened the *Fair Work Act* by failing to provide payslips. The court concluded that Ms Bell's claims were largely established and that the matter would proceed to a further hearing to determine consequential orders and relief.