Rowland v Alfred Health

In the case of Rowland v Alfred Health, the applicant, Mr Rowland, alleged that his employment was terminated due to the exercise of his workplace rights, including making complaints about workplace safety and bullying. The primary dispute was whether the termination of Mr Rowland's employment constituted adverse action under the Fair Work Act 2009 and whether such action was taken for a prohibited reason. The court was required to decide if the restructuring of the Unit at Alfred Health, which led to Mr Rowland's redundancy, was adverse action and if it was motivated by the complaints he made. Additionally, the court needed to determine whether making these complaints constituted the exercise of a workplace right and if this was a substantial and operative reason for the adverse action.

The court found that the decision to restructure the Unit did constitute adverse action as it made the positions of all employees in the Unit less secure. This conclusion was based on the statutory definition of adverse action and precedent set by the case of Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia. Furthermore, the non-selection of Mr Rowland for a position in the restructured Unit was also deemed adverse action. The court rejected the argument that inaction could not constitute adverse action, stating that the termination of Mr Rowland's employment was the consequential adverse action. The court also dismissed the argument that the restructuring was motivated by the complaints Mr Rowland made, finding that the statutory presumption of prohibited reason was displaced by direct evidence of the decision-makers' reasons.

The court ultimately concluded that the making of complaints was not a substantial and operative factor in the decision to take adverse action. This conclusion was based on the evidence presented, which showed that the decision-makers' reasons for restructuring the Unit were not influenced by the complaints. The application was dismissed, and no orders were made in favour of the applicant.