Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd

In *Pacheco-Hernandez v Duty Free Stores Gold Coast Pty Ltd*, the applicant, Ms Pacheco-Hernandez, brought a claim against her former employer, Duty Free Stores Gold Coast Pty Ltd, alleging that she had been dismissed from her employment in contravention of the general protections provisions of the *Fair Work Act 2009* (Cth). The applicant contended that her dismissal was a consequence of her exercising workplace rights, specifically by making a complaint in relation to her employment and by participating in a process under a workplace law. The matter was heard by Manousaridis J in the Federal Court of Australia.

The central legal issues before the Court were whether Ms Pacheco-Hernandez had indeed exercised a workplace right by making a complaint concerning her employment and by participating in a process under a workplace law. Furthermore, the Court was required to determine whether the employer had discharged its onus of proving that it did not dismiss the applicant because she exercised these workplace rights.

Manousaridis J found that the employer had successfully proven that the dismissal was not because the applicant participated in a process under a workplace law. However, the employer failed to establish that the dismissal was not because the applicant made a complaint in relation to her employment. The Court concluded that the applicant had been dismissed for making a complaint concerning her employment, which constituted the exercise of a workplace right. Consequently, the Court granted compensation and other relief to the applicant.