Sanguinede v National Australia Bank Limited

The applicant, Ms. Sanguinede, brought proceedings against National Australia Bank Limited (NAB) alleging adverse action in contravention of the *Fair Work Act 2009* (Cth). The dispute concerned the termination of Ms. Sanguinede's employment with NAB, with the applicant contending that her dismissal was for a prohibited reason. The matter was heard by Judge Vasta in the Federal Court of Australia.

The central legal issue before the Court was whether the applicant had been dismissed from her employment for a reason that was prohibited under the adverse action provisions of the *Fair Work Act 2009* (Cth). This required the Court to determine if the applicant had established a prima facie case that a prohibited reason was a reason for the adverse action, and if so, whether the respondent had discharged the onus of proving that the prohibited reason was not a reason for the action.

Judge Vasta found that the respondent, NAB, had discharged the onus placed upon it under the relevant provisions of the *Fair Work Act 2009* (Cth). The Court was satisfied that the prohibited reason alleged by the applicant was not a reason for the termination of her employment. Consequently, the application was dismissed.

The Applications filed on 29 June 2017 were dismissed.