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Fiona Ford (FF) always liked to make pink cupcakes at home. She made a fantastic pink icing with natural strawberries and she made her cake

Fiona Ford (FF) always liked to make pink cupcakes at home. She made a fantastic pink icing with natural strawberries and she made her cake dough either from natural raspberries or cherries (depending on what was in season).

Her uncle, Bob Bennett (BB), absolutely adored her pink cupcakes and would insist on her making them every time he turned up for afternoon tea at Fiona's place. Bob runs a bakery business of his own called Bob's Patisserie Pty Limited (BPPL) which trades in the supply and sale of bakery items throughout Australia.

One day Bob offeres Fiona a job at the bakery to bake her cupcakes. She accepted and she commenced employment at BPPL on 1 February 2018. Fiona was 25 years old at that time. As Fiona was Bob's favourite niece, BPPL paid her, throughout her employment, $150,000 (gross) per annum. No modern award or enterprise agreement applied to Fiona's employment with BBPL.

No written contract of employment was entered into between Fiona and BPPL.

Everything went along fine for a few years until Bob just got sick of the pink cupcakes and decided that he no longer liked the colour "pink". He didn't think Fiona was good for anything else and so decided that he wanted to get rid of her.

Bob hated the religion of scientology and found out that Fiona was a great believer in scientology.

Fiona also took 4 weeks of maternity leave during January 2021 for which she was paid by BPPL.

Accordingly, on 15 February 2021, BPPL served a notice of termination of employment on Fiona stating that her employment was to be terminated with effect from 28 February 2021.

The reasons given in the notice of termination were as follows:

practising the scientology religion;

absent from work during 3-31 January 2021 whilst on maternity leave.

No salary was paid to Fiona from 15 February 2021. She left work on 28 February 2021.

On 3 March 2021, Fiona comes to you for legal advice. Advise Fiona as to what rights and remedies, if any, she has under the Fair Work Act 2009 (Cth). In your answer, please follow the ILAC format.

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