Rita Menheere v Westpac Banking Corporation

[2012] FWA 7432

[2012] FWA 7432

FAIR WORK AUSTRALIA

DECISION

Fair Work Act 2009
s.365—General protections

Rita Menheere
v
Westpac Banking Corporation
(C2012/4862)

COMMISSIONER BISSETT MELBOURNE, 28 AUGUST 2012

Application to deal with contraventions involving dismissal.

[1] This is an application by Ms Rita Menheere alleging that her employment was terminated by Westpac Banking Corporation in breach of the general protections provisions of the Fair Work Act 2009 (the Act).

[2] In the course of the conference being conducted in accordance with s.386 of the Act it became clear that Ms Menheere had lodged a complaint with the Human Rights Commission alleging discrimination in relation to her dismissal (amongst other matters) under the Disability Discrimination Act 1992 (Cth).

[3] Section 725 of the Act prohibits an employee making a complaint of the kind referred to in sections 726-732 in relation to a dismissal if any other of those sections applies. Section 727 relates to general protections claims and s.732 relates to complaints under any other law relating to the dismissal.

[4] Accordingly there is no jurisdiction for Fair Work Australia to deal with the application made pursuant to s.365 of the Act.

[5] The application is therefore dismissed.

COMMISSIONER

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