Wong v National Australia Bank Limited [2021] FCA 671

Wong v National Australia Bank Limited [2021] FCA 671

None of the adverse action (removal from position, internal announcement, dismissal) was taken because, or for reasons that included, Ms Wong having exercised any workplace rights by making complaints or inquiries. The respondent bank and individuals provided credible, accepted evidence of performance-based reasons for their actions. The internal announcement email did not convey defamatory imputations as alleged in its ordinary or innuendo meanings. Even if it did, it was published on an occasion of qualified privilege and not actuated by malice. Accordingly, there was no contravention of s 340 of the Fair Work Act, nor any actionable defamation.

Parties
Applicant: Sene-Li Wong; First Respondent: National Australia Bank Limited; Second Respondent: Catherine MacLeod
Jurisdiction
Australia
Judgment Date
22 June 2021
Procedural Posture
Employment/industrial; Defamation / Liability Judgment After Trial; Relief Reserved
Outcome
Application dismissed
Legal Topics
Adverse Action, Workplace Rights, Qualified Privilege, Termination of Employment, Defamatory Imputations
Employment and Industrial Relations Defamation Adverse Action Workplace Rights Qualified Privilege Termination of Employment Defamatory Imputations

Case Brief

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Parties

Sene-Li Wong

Applicant

National Australia Bank Limited

First Respondent

Catherine MacLeod

Second Respondent

Procedural Posture

Employment/industrial; Defamation / Liability Judgment After Trial; Relief Reserved

Legal Issues

  1. 1 Whether the applicant was subjected to adverse action in contravention of s 340 of the Fair Work Act 2009 (Cth)
  2. 2 Whether the complaints or inquiries made by the applicant amounted to the exercise of workplace rights under s 341 of the FW Act
  3. 3 Whether the adverse action was motivated by those complaints or inquiries

Ratio Decidendi

None of the adverse action (removal from position, internal announcement, dismissal) was taken because, or for reasons that included, Ms Wong having exercised any workplace rights by making complaints or inquiries. The respondent bank and individuals provided credible, accepted evidence of performance-based reasons for their actions. The internal announcement email did not convey defamatory imputations as alleged in its ordinary or innuendo meanings. Even if it did, it was published on an occasion of qualified privilege and not actuated by malice. Accordingly, there was no contravention of s 340 of the Fair Work Act, nor any actionable defamation.

Court Disposition

Application dismissed

Orders

  • The application be dismissed.