An employee of the ABC has filed an application under section 773 of the Fair Work Act 2009, alleging unlawful termination. Below is a summary of the key points:
Background
- The employee was hired by the ABC for a 5-day casual engagement.
- The employee was dismissed on day 3 for breaching the ABC's social media policy. The dismissal followed a post on Instagram about the Israel-Gaza war, which the ABC had cautioned against after receiving complaints from pro-Israel lobbyists.
Claims and Amendments
- The initial application, filed on 20 December 2023, cited dismissal due to political opinion.
- On 10 January 2024, the claim was updated to include race and national origin discrimination, specifically Lebanese, Arab, or Middle Eastern descent.
ABC?s Jurisdictional Objections
- The ABC argued that they did not terminate the employee.
- They also said that the claims about race and national origin should fall under a different section of the Fair Work Act 2009 (section 365: General Protections Involving Dismissal).
Commission?s Decision
- The Commission decided that the employment was indeed terminated by the ABC, even though it was a short-term contract.
- The Commission rejected both objections from the ABC. It ruled that the claims about political opinion were not barred by section 723 of the Act, even when combined with claims of race and national origin.
Conclusion
The Commission dismissed the ABC?s objections, allowing the case to proceed. This decision highlights the importance of understanding the reasons behind employment termination, particularly when allegations of unlawful reasons like political opinion and racial discrimination are involved.
Contact Ignite HR & Employment Law
Ignite HR & Employment Law can assist with issues related to unlawful terminations and provide guidance on employment law matters. Whether you're an employer seeking to ensure compliance with fair work regulations or an employee facing an unlawful termination, our team is equipped to offer expert advice and representation. We handle a variety of cases including unfair dismissals, discrimination claims, and other workplace disputes. Our goal is to provide clear, practical solutions to help navigate the complexities of employment law and achieve the best possible outcomes for our clients.
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