In Devonshire v Magellan Powertronics Pty Ltd &
ORS, Ms Devonshire had been employed as a Business Development
Manager by Magellan for less than three months before being
dismissed.
She claimed that her dismissal amounted to adverse action by the
company as a result of her exercising a "workplace
right", namely asserting that she had been underpaid and
had been denied her agreed car and mobile phone allowances. The
Fair Work Act specifically protects employees who make a
complaint or inquiry to their employer regarding their
employment.
In upholding her complaint, the Federal Magistrates' Court
decided that "a complaint or inquiry" to the
employer about issues in the workplace included both Magellan's
Director and the General Manager (to whom Ms Devonshire would
report her daily activities). Both fell within the relevant
"class of persons to whom a complaint or inquiry may be
made" and therefore could not be removed as named
Respondents in the action.
