Khiani v Australian Bureau of Statistics

The case of Khiani v Australian Bureau of Statistics involved the applicant, Ms Khiani, challenging various workplace decisions made by her employer, the Australian Bureau of Statistics (ABS). Ms Khiani argued that her dismissal while on sick leave was unfair and that the ABS failed to follow proper procedures under the ABS Performance Management Scheme and Managing Underperformance Guidelines. The central issues before the court were whether the term "line manager" in the ABS Certified Agreement, Performance Management Scheme, and Managing Underperformance Guidelines required all interactions with Ms Khiani to be limited to her immediate supervisor, whether the ABS complied with the proper procedures under the Managing Underperformance Guidelines, and if terminating Ms Khiani's employment while she was on sick leave contravened section 352 of the Fair Work Act 2009 (Cth). The court examined the meaning of "line manager" and found that it referred to anyone in the managerial chain of command, not just the immediate supervisor. The court also considered whether Ms Khiani's dismissal was related to her exercising a workplace right, but found that the general protections claim did not require the court to determine the fairness of the termination. The court concluded that Ms Khiani's application was without merit and dismissed it.

The court found that the term "line manager" was not restricted to the immediate supervisor but could refer to anyone in the managerial line of command. The court's interpretation was based on the ordinary meaning of the term and the context in which it was used in the ABS Certified Agreement, Performance Management Scheme, and Managing Underperformance Guidelines. The court rejected Ms Khiani's argument that only her direct supervisor could engage with her in performance-related matters. Additionally, the court determined that Ms Khiani's dismissal was not automatically unfair under section 352 of the Fair Work Act 2009 (Cth) because the general protections claim did not require the court to assess the fairness of the termination. Instead, the court needed to establish if the dismissal was related to Ms Khiani exercising a workplace right, which it did not find to be the case. Therefore, the court dismissed Ms Khiani's application.