GENERAL PROTECTIONS – workplace rights – arbitration – s.365 Fair Work Act 2009 – application to deal with a general protections dismissal dispute by consent arbitration – respondent is a small community based child care centre – applicant was dismissed from part-time employment – conference unsuccessful – applicant submitted that her dismissal was because she had exercised a workplace right when she made complaints about her manager and a committee member in the course of allegations being put to her about her conduct – applicant bears the onus of establishing that she had exercised a workplace right at the relevant time or a protection, and that adverse action was taken against her [Kee] – Devonshire and Hodkinson considered – Commission found applicant had exercised a workplace right – whether respondent took adverse action – evident supported that adverse action was taken against the applicant in the form of a dismissal, it did not support that she was injured in her employment with the decision to conduct a performance review of her – applicant was not treated differently from any other employee – found she was not injured in her employment – found respondent did not take the adverse action ‘because of a prohibited reason, or reasons which included that reason’ – unable to find that applicant was dismissed because of a prohibited reason, or reasons which included that reason – application dismissed. Sultana v Thomastown Child Care Centre Inc
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