Tran v Kodari Securities Pty Ltd [2019] FCA 968

Federal Court of Australia
Bromwich J
Industrial law – applicant was employed by first respondent – applicant contended his employment contract had been terminated due to his exercise or proposed exercise of ‘workplace right’, being ‘right to seek legal advice before signing the new contract’ – ss340 & 343 Fair Work Act 2009 (Cth) – applicant also contended he was not given ‘reasonable notice of termination’ – respondents contended applicant had ‘resigned at meeting’ – circumstances of meeting – whether applicant resigned – whether ‘adverse action’ – whether coercion – ‘penalties and compensation’ – held: applicant’s dismissal constituted adverse action – ‘coercion contravention’ established – judgment for applicant.
Tran