HERIOT v Sayfa Systems Pty Limited (No.2)

In *Heriot v Sayfa Systems Pty Limited (No.2)*, the applicant, Ms Heriot, brought proceedings against her former employer, Sayfa Systems Pty Limited, alleging breaches of the *Fair Work Act 2009* (Cth) and seeking compensation and pecuniary penalties. The dispute arose from the termination of Ms Heriot's employment, which she contended was due to her disability. The matter was heard in the Federal Court of Australia before Judge Jarrett.

The primary legal issue before the Court was whether Sayfa Systems Pty Limited had contravened the *Fair Work Act 2009* (Cth) by terminating Ms Heriot's employment because of her disability. This involved determining whether the termination constituted unlawful discrimination or a breach of general protections provisions within the Act. The Court was also required to consider the appropriate remedies, including compensation for Ms Heriot and the imposition of pecuniary penalties on the employer, should a contravention be established.

Judge Jarrett found that Sayfa Systems Pty Limited had contravened the *Fair Work Act 2009* (Cth) by terminating Ms Heriot's employment due to her disability. The Court reasoned that the employer's actions were directly linked to Ms Heriot's medical condition, which was a protected attribute under the Act. Consequently, the Court ordered Sayfa Systems Pty Limited to pay Ms Heriot compensation and also imposed pecuniary penalties on the company for the contraventions. The Court further ordered that Ms Heriot was not required to pay the respondent's costs.