New decisions shed light on Fair Work protections for grumbling employees

The Fair Work Act 2009 (Cth) (FW Act) protects employees from adverse action which is taken by their employer because the employee is 'able to' or has made complaints or inquiries in relation to their employment (s 341(1)(c)(ii)).

A recent Federal Magistrates Court decision (Devonshire v Magellan Powertronics Pty Ltd & Ors [2013] FMCA 207) has taken a broad view of the circumstances in which an employee exercises a workplace right by making a complaint or inquiry in relation to their employment.

The Devonshire case was about an employee who made complaints and inquiries on a number of occasions to her employer about her rate of pay (which was different to that initially agreed upon), contractual entitlements and unpaid superannuation. The final time she made the complaints and inquiries was to the Director of the employer, during a meeting between them. The employer terminated her employment later that same day and after the employee had gone home early on sick