s.365 - General protections

Application to deal with a general protections dispute involving dismissal - whether dismissed

• [1] On 19 September 2025, Ms Melissa Tranter applied to the Commission to deal with a general protections dispute involving dismissal under section 365 of the Fair Work Act 2009 (Cth) (the Act). The application alleges contraventions of the general protections by Ethos Beathchapman Australia Pty Ltd (EthosBC) and one of its senior consultants. EthosBC and the individual respondent object to the application on the basis that Ms Tranter was not dismissed.

• [2] In a hearing of the jurisdictional objection on 2 December 2025, I decided to dismiss the application. These are my reasons.

• [3] Ms Tranter was employed by EthosBC from 22 August 2025 until 9 September 2025. She was employed as an on-hire casual to work with the NSW Department of Customer Service as a call/contact centre operator. The terms of her assignment were set out in a Summary of Assignment Conditions annexed to her employment contract.

• [4] On 27 August 2025, Ms Tranter made a formal workplace harassment complaint in relation to the client's workplace. She advised EthosBC that she was unable to return to work until she was confident a safe working environment could be guaranteed. Ms Tranter did not return to work for the client. EthosBC 'paused' her employment while it reviewed the complaint and took steps to ensure a safe working environment.

• [5] On 3 September 2025, EthosBC wrote to Ms Tranter seeking more information about her complaint. Ms Tranter responded by providing some additional details.

• [6] On 9 September 2025, Ms Tranter advised EthosBC that she did not want to return to the client's workplace and that her desired outcome was financial compensation. In response, EthosBC advised that it was at the final stages of an investigation into her complaint and was finalising an action plan to support her return to work. Ms Tranter reiterated that returning to the client's workplace would not be a suitable outcome and confirmed her desire for financial compensation. In response, EthosBC advised that it accepted Ms Tranter's advice of her decision to terminate the client assignment and declined to provide financial compensation.

• [7] Application can only be made under section 365 of the Act by a person who has been 'dismissed'. In this case, there is no evidence of any dismissal of Ms Tranter. Ms Tranter simply exercised her right in the employment contract and Summary of Assignment Conditions to terminate the client assignment and not return to work.

Mr A Barwick of Williamson Barwick for the Respondent.

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