LarnÉ-Jones v Human Synergistics Australia Limited

In the matter of *LarnÉ-Jones v Human Synergistics Australia Limited*, the applicant, Ms LarnÉ-Jones, brought proceedings against the respondent, Human Synergistics Australia Limited, alleging contravention of the *Fair Work Act 2009* (Cth) (FW Act). The dispute concerned allegations of unlawful termination and adverse action.

The primary legal issues before the Court were whether the respondent had taken adverse action against the applicant by terminating her employment, and if so, whether the reason for that adverse action was a prohibited reason under section 340(1) of the FW Act. Specifically, the Court was required to determine if the applicant had been dismissed for exercising a workplace right or for making a complaint or inquiry in relation to her employment.

Judge Barnes found that the respondent had indeed taken adverse action against the applicant by terminating her employment. The Court concluded that the reason for the termination was the applicant's repeated complaints and inquiries regarding her employment conditions and entitlements, which constituted the exercise of a workplace right. The Court applied the principles of statutory interpretation to the relevant provisions of the FW Act, focusing on the employer's state of mind and the causal connection between the applicant's actions and the termination.

The Court ordered that the respondent contravened section 340(1) of the FW Act and awarded damages to the applicant.