Martires v Endura Paints Pty Ltd (No.2)

In *Martires v Endura Paints Pty Ltd (No.2)*, heard before Judge McNab, the applicant, Mr Martires, alleged that his termination of employment by the respondent, Endura Paints Pty Ltd, constituted adverse action. This adverse action was purportedly taken because Mr Martires had exercised a workplace right or made a complaint concerning his employment.

The central legal issue before the court was whether Endura Paints Pty Ltd could discharge the onus placed upon it to establish that the termination of Mr Martires' employment was not motivated by his exercise of a workplace right or his complaints.

Judge McNab found that the respondent had successfully discharged this onus. The court was satisfied that the reasons for the termination were unrelated to the applicant's exercise of workplace rights or his complaints. Consequently, the application was dismissed. The court reserved its decision on costs.