Storey v The Monitoring Centre Pty Ltd & Ors

Storey (the applicant) brought proceedings against The Monitoring Centre Pty Ltd and Ors (the respondents) in the Federal Court of Australia. The applicant alleged that the respondents had taken adverse action against her in contravention of the general protections provisions of the *Fair Work Act 2009* (Cth). Specifically, the applicant contended that the respondents had sought information from other employees with the intention of terminating her employment, and that this action was taken because she had made a complaint or inquiry in relation to her employment. The applicant also argued that her employment contract contained a term of five years and that the respondents had repudiated this contract by purporting to terminate it before the expiration of that term.

The primary legal issues before the Court were whether the respondents had engaged in adverse action against the applicant by seeking information from other employees for the purpose of assessing grounds for termination, and whether such action was motivated by the applicant’s complaints or inquiries. Further, the Court was required to determine whether the applicant’s employment contract was for a fixed term of five years and, if so, whether the respondents’ actions constituted a repudiation of that contract.

In his judgment, Judge Manousaridis considered the evidence presented regarding the respondents' conduct in gathering information about the applicant's performance and conduct. The Court analysed the timing and nature of the inquiries made by the respondents to other employees in the context of the applicant's prior complaints. The Court also examined the terms of the employment contract to ascertain whether a fixed term of five years was established and the legal consequences of any purported early termination. The Court applied the principles of statutory interpretation relevant to the general protections provisions and the law of contract, including the concept of repudiation.