Sinclair v All About Pumps and Pipes Pty Ltd

In *Sinclair v All About Pumps and Pipes Pty Ltd*, the applicant, Ms Sinclair, brought proceedings against her former employer, All About Pumps and Pipes Pty Ltd, alleging that her dismissal constituted adverse action taken in contravention of general protections provisions under the *Fair Work Act 2009* (Cth). The applicant contended that her dismissal was a consequence of making a complaint or inquiry to the employer about her employment conditions, or alternatively, that she had taken sick leave.

The primary legal issues before the Court were whether Ms Sinclair had established that she made a bona fide complaint or inquiry under section 341(1)(c)(ii) of the *Fair Work Act 2009* (Cth), and whether she had taken "sick leave" as contemplated by the legislation. The Court was also required to determine whether the respondent had discharged its onus of proving that the adverse action taken against Ms Sinclair was not for a prohibited reason.

The Court found that Ms Sinclair had failed to establish that she had made a complaint or inquiry to her employer regarding her employment conditions, nor had she adduced sufficient evidence to demonstrate that she had taken "sick leave" in a manner that would attract the protections of the Act. Applying the principles established in cases concerning the "what if I'm wrong" test, the Court concluded that the respondent had successfully proven that the adverse action taken against Ms Sinclair was not motivated by any prohibited reason.

Consequently, the application was dismissed.