McGarva v Enghouse Australia Pty Ltd

McGarva v Enghouse Australia Pty Ltd concerned a dispute between an employee, Mr McGarva, and his former employer, Enghouse Australia Pty Ltd. The employee alleged that his employment was terminated in contravention of section 772 of the *Fair Work Act 2009* (Cth) (the Act), which prohibits adverse action for a workplace right. The matter came before the Federal Court of Australia.

The primary legal issue before the Court was whether the employer's actions in terminating Mr McGarva's employment constituted adverse action taken because of a workplace right. Specifically, the Court had to determine if Mr McGarva possessed a workplace right, and if so, whether the employer's decision to terminate his employment was influenced by the exercise or proposed exercise of that right.

Justice Driver found that Mr McGarva had exercised a workplace right by making a complaint to his employer regarding alleged bullying and harassment. The Court concluded that the employer's decision to terminate Mr McGarva's employment was substantially influenced by this exercise of his workplace right, thereby constituting a contravention of section 772 of the Act. The Court applied the principles established in cases concerning adverse action, focusing on the causal connection between the employee's protected conduct and the employer's adverse action.

The Court ordered that Enghouse Australia Pty Ltd pay Mr McGarva compensation for the contravention of section 772 of the *Fair Work Act 2009* (Cth).