Fair Work Act/ workplace right again extended

The broad based approach to the interpetation of what consitutes a workplace right in the context of adverse action, which is a contravention of the general protections provisions of the Fair Work Act, has again been re-inforced by the Federal Circuit Court.
In Murrihyr v Betezey.com.au Pty Ltd (2013) FCA 908 the Court held that a statement by an employee that she was intending to seek legal advice in the context af a dispute about the payment of comissions, was the exercise of a workplace right and adverse action taken against her as a result constituted a breach of the Act by the employer, attracting the remedies available, including compensation which is uncapped.
This is an important and developing remedy for employees, including those who have been dismissed, because applicants are not subject to either the qualifying periods which apply to unfair dismissal cases, or the statutory cap on compensation, of 6 months’ remuneration.