Seeking legal advice is an employee's workplace right

A recent Federal Court ruling (Murrihy v Betezy.com.au Pty Ltd [2013] FCA 908) has confirmed the broad application of the protection provided by Part 3-1 of the Fair Work Act 2009 (Cth) (FW Act) for employees making complaints or inquiries in relation to their employment.

An employee complained to the Chief Executive Officer of her employer about the failure to pay her commissions due under an agreement. The employee said that if the commissions were not paid, she would get legal advice. The Court found that, the CEO responded by threatening the employee that, if she took legal advice about her unpaid remuneration and commissions, she would be fired.

Section 340 of the FW Act is contravened by an employer if they threaten to take adverse action against an employee because they propose to make a complaint or inquiry in relation to their employment.

Is this protection confined to complaints or inquiries directed to the employer? It is clear from this case that it also covers inquiries directed to lawyers. The Court noted that "an employee should be able to have recourse to his or...