Daw v Schneider Electric (Australia) Pty Ltd

In *Daw v Schneider Electric (Australia) Pty Ltd*, the applicant, Mr. Daw, alleged that his dismissal by the respondent, Schneider Electric (Australia) Pty Ltd, constituted adverse action taken in contravention of the *Fair Work Act 2009* (Cth). Mr. Daw contended that he was constructively dismissed after being directed to perform tasks that he believed would contravene state law, and that his subsequent refusal to follow these directions was a protected workplace right.

The central legal issue before the court was whether Mr. Daw possessed a "workplace right" within the meaning of the *Fair Work Act* that entitled him to refuse the directions given by his employer. Specifically, the court had to determine if his asserted entitlement to act in accordance with state law, or to refuse to act contrary to state law, constituted a workplace right for the purposes of the general protections provisions of the Act.

Judge Jarrett found that Mr. Daw had not established that he possessed a workplace right that would render his dismissal unlawful under the *Fair Work Act*. The court reasoned that the general protections provisions do not confer a right to refuse a lawful direction from an employer simply because the employee believes, even if correctly, that compliance might lead to a breach of state law. The court held that the adverse action taken against Mr. Daw was not taken in contravention of the *Fair Work Act*.