Kassis v Republic of Lebanon

In the Federal Court of Australia, Judge Raphael considered an application by Ms. Kassis against the Republic of Lebanon. Ms. Kassis, an Australian citizen employed in Australia, alleged that the Republic of Lebanon had contravened various provisions of the *Fair Work Act 2009* (Cth), the *Annual Holidays Act 1944* (NSW), and the *Long Service Leave Act 1955* (NSW). Her claims included allegations of bullying and harassment due to her sex and marital status, dismissal for exercising a workplace right, discrimination, and non-payment of accrued leave entitlements. The Republic of Lebanon did not appear, raising questions regarding service of process on a foreign state under the *Foreign States Immunities Act 1985* (Cth) and whether an action under the *Fair Work Act* could be brought against it.

The court was required to determine whether the Republic of Lebanon had contravened specific sections of the *Fair Work Act*, including those relating to general protections, discrimination, and dismissal due to illness. It also needed to assess breaches of New South Wales legislation concerning annual holidays and long service leave. Furthermore, the court had to consider the applicant's claims of an oral contract for equal pay, the sufficiency of her evidence regarding underpayment, and the assessment of damages for psychiatric injury. The non-appearance of the respondent necessitated a careful examination of the requirements for proceeding with the application, particularly concerning service on a foreign state.

Judge Raphael found that the Republic of Lebanon had contravened multiple provisions. The court declared that the respondent contravened section 45 of the *Fair Work Act* for non-payment of entitlements under relevant awards, and section 340 by dismissing the applicant after she made a complaint. Breaches of section 351 were found due to discrimination based on the applicant's sex and marital status, both in terms of adverse action and dismissal. The respondent also contravened section 352 by dismissing the applicant due to a temporary absence from work due to illness. Additionally, the court declared contraventions of section 4 of the *Annual Holidays Act 1944* (NSW) for non-payment of accrued holiday pay and section 4 of the *Long Service Leave Act 1955* (NSW) for failing to pay accrued long service leave entitlements upon dismissal.