MAHMOOD v Fisher Security Services Pty Ltd

Mahmood (the applicant) brought proceedings against Fisher Security Services Pty Ltd (the respondent) in the Federal Circuit and Family Court of Australia. The applicant alleged that the respondent had contravened section 351(1) of the *Fair Work Act 2009* (Cth) by dismissing him for a reason that was an unlawful termination. The respondent denied the allegations.

The primary legal issue before the Court was whether the applicant's dismissal was for a reason that constituted an unlawful termination under section 351(1) of the *Fair Work Act 2009* (Cth). Specifically, the Court was required to determine if the applicant's dismissal was linked to his exercise of a workplace right, namely, making a complaint about his employment conditions.

Judge Nicholls found that the applicant had established a prima facie case that his dismissal was for an unlawful reason. The Court considered the timing of the dismissal in relation to the applicant's complaints and the respondent's knowledge of those complaints. The Court applied the principles established in cases concerning the onus of proof in unlawful termination claims, requiring the respondent to demonstrate that the dismissal was for a reason unrelated to the applicant's exercise of a workplace right. The Court concluded that the respondent had failed to discharge this onus.

The Court ordered that the respondent pay the applicant compensation for the unlawful termination.