Mullan v Calold (WA) Pty Ltd trading as Harcourts Kalamanda

In the matter of Mullan v Calold (WA) Pty Ltd trading as Harcourts Kalamanda, the applicant, Ms Mullan, sought relief against her former employer, Harcourts Kalamanda, for alleged contraventions of workplace rights, adverse action, and contraventions of the National Employment Standards. The Federal Circuit and Family Court of Australia was tasked with determining these claims. The central legal issues revolved around whether the respondent had engaged in adverse action against Ms Mullan in violation of the Fair Work Act, and if so, whether such action was taken for a prohibited reason. Additionally, the court had to decide if the respondent contravened the National Employment Standards by failing to provide adequate notice of termination.

The court carefully considered the evidence provided by both parties, including affidavits and oral testimony from the witnesses. Ms Mullan's evidence was accepted with some caution, particularly regarding her interactions with Ms Evans. Mr Calpakdjian's credibility was considered reliable on matters he could recall, despite some memory lapses likely due to the time elapsed since the events. The court found that while adverse action was indeed taken against Ms Mullan, it was not motivated by any prohibited reason under the Fair Work Act. Moreover, the court concluded that there was no evidence that the termination of Ms Mullan's employment was due to her exercising or proposing to exercise her workplace rights.

Regarding the National Employment Standards, the court held that there was no evidence to suggest that the employer contravened the notice period requirements for termination of employment. Consequently, the adverse action claims and the allegation of contravention of the National Employment Standards were dismissed.