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.

The Court also examined the explanatory memorandum to the Fair Work Bill 2008 (Cth) and found that Parliament intended to allow an employee to make a complaint not only to a body that can seek compliance (for example a court or a regulatory commission), but also directly to the employer. Accordingly, a workplace right was exercised when an employee complained directly to the employer, in this case Magellan Pty Ltd via the Director and General Manager.

The court therefore concluded that Magellan had taken adverse action by dismissing Ms Devonshire for exercising a workplace right.

Employers should tread carefully when approached by employees to discuss workplace entitlements. Employees may make reasonable inquiries about their contracts of employment, for example whether their modern awards or enterprise agreements are being applied correctly or whether they are receiving all that is due under their remuneration package.

Furthermore, the employee's belief as to what their entitlements should be under their contract of employment, (which ultimately forms the basis of their complaint) need not be substantially correct.

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