Rudakova v The Congregation of Religious Sisters of Charity of Australia Trading as St VINCENT'S Private Hospital, Sydney

The applicant, Dr. Rudakova, a medical practitioner, brought proceedings against her former employer, The Congregation of Religious Sisters of Charity of Australia Trading as St Vincent's Private Hospital, Sydney, alleging that her employment was terminated in contravention of the *Fair Work Act 2009* (Cth). The matter came before Judge Barnes of the Federal Circuit and Family Court of Australia.

The central legal issue before the Court was whether the termination of Dr. Rudakova's employment constituted adverse action within the meaning of section 340 of the *Fair Work Act 2009* (Cth). This required the Court to determine if the employer had taken adverse action against Dr. Rudakova for a prohibited reason, specifically for exercising a workplace right. The Court also considered whether the employer had discharged the reverse onus of proof placed upon it by section 361 of the Act, which requires an employer to prove that the adverse action was not taken for a prohibited reason.

Judge Barnes found that the applicant had not established that the termination of her employment was adverse action taken for a prohibited reason. The Court was not satisfied that the applicant had exercised a workplace right that was the reason for her dismissal. Consequently, the employer was not required to discharge the reverse onus of proof under section 361 of the Act. The application was dismissed.