Turley v James Frizelles Automotive Group

In *Turley v James Frizelles Automotive Group*, the applicant, Mr Turley, alleged that the respondent, James Frizelles Automotive Group, contravened the *Fair Work Act 2009* (Cth) in several ways. Mr Turley claimed the respondent took adverse action against him for exercising a workplace right, dismissed him because he was temporarily absent due to illness or injury, and failed to pay him in full by wrongly deducting superannuation from his commission. The respondent denied these allegations.

The court was required to determine whether the respondent engaged in adverse action against Mr Turley for exercising a workplace right, whether Mr Turley's dismissal constituted a contravention of section 352 of the *Fair Work Act 2009* (Cth) due to his absence from work because of illness or injury, and whether the respondent failed to pay Mr Turley in full by deducting superannuation from his commission.

Judge Harper found that the respondent did not take adverse action against Mr Turley for exercising a workplace right, nor was Mr Turley's claim that he was dismissed because of illness or injury made out. The court also found that the respondent did not contravene section 323 of the *Fair Work Act 2009* (Cth) by failing to pay Mr Turley in full, as the deductions for superannuation were permissible. Consequently, the applicant's claims were dismissed.