Ricupero v Peter Barrett Corporation Pty Ltd

In *Ricupero v Peter Barrett Corporation Pty Ltd*, the applicant, Ms Ricupero, alleged that her employer, Peter Barrett Corporation Pty Ltd, breached general protections provisions of the *Fair Work Act 2009* (Cth) by terminating her employment. Ms Ricupero further alleged that Mr Peter Barrett, a director of the company, was knowingly concerned in or party to the alleged contravention, thereby attracting accessorial liability. The matter came before Judge Antoni Lucev in the Federal Circuit and Family Court of Australia.

The primary legal issues before the Court were whether the termination of Ms Ricupero's employment was in contravention of the general protections provisions, specifically concerning the exercise of a workplace right, and whether Mr Barrett was liable as an accessory to any such contravention. A secondary procedural issue arose concerning the company's application for leave to be represented by a director rather than a legal practitioner.

In relation to the company's representation, the Court considered the relevant factors for granting leave, including the complexity of the proceedings, the potential prejudice to the applicant, and the director's familiarity with the case. Regarding the substantive claims, the Court would have been required to assess whether Ms Ricupero had exercised a workplace right, whether the termination was in connection with that right, and if so, whether Mr Barrett had the requisite knowledge and involvement to be held accessorially liable.

The judgment does not specify the final orders or outcome of the substantive claims.