Saad v Ada Evans Chambers Pty Ltd

This matter concerned an appeal by the applicant, Mr Saad, against a decision of the respondent, Ada Evans Chambers Pty Ltd, regarding the termination of his employment. The appeal was heard by Judge Nicholls.

The primary legal issue before the court was the interpretation and application of section 83(1) of the relevant legislation, which governs an employer's obligations when making decisions that affect an employee's position, particularly in the context of parental leave. Specifically, the court had to determine when the obligation to consult arises, the nature and extent of that obligation, and whether the employer had fulfilled its duty to inform and provide an opportunity for discussion regarding the effect of its decision on the employee's pre-parental leave position.

The court's reasoning, drawing on the principles established in *Stanley*, clarified that the obligation under section 83(1) is triggered only after an employer has made a definite decision. The employer is then required to take "all reasonable steps" to inform the affected employee about the effect of the decision and provide an opportunity to discuss it. This obligation is objective, meaning the employer's subjective view of adequacy is not determinative. The court also noted that the scope of consultation may be influenced by the employee's willingness to engage, and that the "effect of the decision on the employee's pre-parental leave position" should be interpreted broadly to include the personal impact on the employee.