El-Hajje v Rissalah College Limited

In this case, the applicant, Mr El-Hajje, alleged that the first respondent, Rissalah College, contravened s 340(1) of the Fair Work Act 2009 (Cth) by taking adverse action against him. The alleged contravention arose from Rissalah College’s purported termination of his employment, which it is said occurred because Mr El-Hajje exercised his workplace right to make complaints and inquiries in relation to his employment. The respondents applied to the Court that it determine certain questions separately from any other questions, and that it decide those questions adversely to Mr El-Hajje. The questions, in the alternative, are whether paragraphs of the statement of claim should be struck out because they disclose no reasonable cause of action based on a contravention of s 340(1) of the Fair Work Act 2009 (Cth). The Court ordered that the questions be determined separately from any other questions, and decided the questions in the manner stated in the preceding paragraph of the reasons. The proceeding was listed for directions at 9:30 am on 21 April 2022.