Smrdelj v CSL Limited

Smrdelj (the applicant) brought proceedings against CSL Limited (the respondent) in the Federal Court of Australia. The applicant alleged that the respondent had taken adverse action against her for making an employment complaint, contrary to the *Fair Work Act 2009* (Cth). Additionally, the applicant alleged that the respondent had engaged in misleading or deceptive conduct in contravention of consumer law, by representing that her employment would continue until her retirement.

The court was required to determine two primary legal issues. First, whether the applicant had made an "employment complaint" as defined by the *Fair Work Act 2009*. Second, if an employment complaint was made, whether the adverse action taken against the applicant was for a proscribed reason, including the making of that complaint. The third issue was whether the respondent had made representations to the applicant that she would be employed "until retirement" and, if so, whether such representations constituted misleading or deceptive conduct.

In relation to the adverse action claim, his Honour Judge Hartnett found that the applicant had not made an employment complaint within the meaning of the *Fair Work Act 2009*. Consequently, the threshold requirement for an adverse action claim under that Act was not met. Regarding the consumer law claim, the court found that the respondent had not made representations to the applicant that she would be employed "until retirement". Therefore, there was no misleading or deceptive conduct.

The applications made by the applicant were dismissed.