Rees v Worthington Services Pty Ltd and Anor (No.3)

In *Rees v Worthington Services Pty Ltd and Anor (No.3)*, the applicant, Mr Rees, sought declaratory relief and penalties against Worthington Services Pty Ltd and another respondent, alleging contraventions of sections 340 and 352 of the *Fair Work Act 2009* (Cth). The core of the dispute concerned the reasons for Mr Rees's dismissal from his employment.

The primary legal issue before Judge Street was to determine whether Mr Rees's dismissal was activated by a reason prohibited by the *Fair Work Act 2009* (Cth), specifically whether it was in contravention of sections 340 or 352. The court was also required to consider whether to make an order for costs in respect of a cross-claim, pursuant to section 570(2) of the *Fair Work Act 2009* (Cth).

Judge Street found that the evidence did not establish that the dismissal was activated by a prohibited reason, concluding that the alleged contraventions of sections 340 and 352 of the *Fair Work Act 2009* (Cth) were not made out. Consequently, the application was dismissed. Regarding the costs of the cross-claim, the court determined that the requirements of section 570(2) of the *Fair Work Act 2009* (Cth) had not been satisfied, and therefore, no order for costs was made in respect of that cross-claim.