Surivi v Green Light PS Pty Ltd

Surivi (the applicant) brought proceedings against Green Light PS Pty Ltd (the respondent) in the Federal Circuit and Family Court of Australia. The applicant alleged that the respondent contravened section 340 of the *Fair Work Act 2009* (Cth) by terminating her employment. The applicant contended that her termination was in reprisal for her exercising a workplace right.

The central legal issues before the Court were whether the applicant had exercised a workplace right, whether her termination was effected in accordance with the relevant termination clause in her employment contract, and whether the respondent's actions constituted a contravention of section 340 of the *Fair Work Act 2009* (Cth). The applicant sought relief on the basis of this alleged contravention.

Judge Street found that the applicant had indeed exercised a workplace right. The Court determined that the respondent had contravened section 340 of the *Fair Work Act 2009* (Cth) by terminating the applicant's employment in circumstances where the termination was not in accordance with the termination clause and was done in reprisal for the applicant exercising her workplace right. The applicant was therefore entitled to relief. No application for a penalty was made by the applicant.