Facts

Dilara is a full-time employee at the Hawthorne branch of the Perklane Supermarkets Group Ltd ('Perklane'). She normally works at the Deli section, serving customers their choice from the display. Neil is her floor manager. Neil has worked at Perklane for five years. Perklane is a national supermarket chain and employs more than 150 000 workers in Australia.

Neil and Dilara have always had a troubled relationship. Neil started making disparaging remarks about Dilara's appearance soon after she started working at the store. He is usually careful to make these comments when they are alone. Dilara never complained about his remarks, because Neil is her manager and she thought no one would believe her. She also thought that he was much harder on her compared to other employees, often criticising her job performance when there was no clear reason to do so.

On Monday, 18 October 2021, Neil calls Dilara into his office and informs her that he is not satisfied with her work performance and that she must stay behind after work for training. Neils notifies Perklane's Human Resources Department that he is placing Dilara under performance management. Dilara stays behind after her shift ends for the training she was instructed to undertake. However, once she and Neil are alone in the store, he pulls her close to him and tries to kiss her. Dilara strikes out at Neil and scratches his cheek with her ring. She manages to get away from him and she goes home.

The next day, Neil lodges a complaint with Perklane's Human Resources Department that Dilara has assaulted him when he tried to provide her with training

The General Retail Industry Award 2020 cover both Dilara and Neil.

Questions

1. Suppose that you work at Perklane's Human Resources Department. Dilara phones you on Tuesday, 19 October 2021, in tears. She is too scared to go back to work. You have received Neil's complaint via email just 30 minutes earlier. You realise that this is a workplace dispute and that it is Neil's word against Dilara's. Explain the steps in the dispute resolution procedure that would apply here.

2. Suppose that your manager at Perklane's Human Resources Department takes over the dispute on 21 October 2021. Your manager indicates that he believes Neil and that he is of the view that Dilara fabricated the story to get out of trouble for poor work performance and for assaulting her manager. He is considering Dilara's dismissal. He LAW30005_S2_2021 2 wants to know from you whether Dilara could institute an action in terms of Part 3-1 of the Fair Work Act 2009 (Cth) against Perklane after her dismissal and what her chances for success would be if she did. Advise your manager on these points