INDUSTRIAL LAW - whether employer took adverse action in issuing first and final warning and or terminating employee because employee exercised workplace right to make a complaint or inquiry in relation to employment in contravention of ss 340(1)(a)(ii) and 341(1)(c)(ii) of the Fair Work Act 2009 (Cth) or her race in contravention of s 351(1) - where multiple decision-makers took adverse action to terminate employee's employment - whether any decision-maker had any proscribed substantial and operative reason for taking adverse action - whether s 793(2) or (3) attributed state of mind of one or more decision-makers to employer in relation to negating presumption in ss 360 and 361(1) of Act - where evidence by employer's decision-makers not negate presumption that adverse action of termination of employee taken because employee exercised workplace right to make complaint or inquiry or because of employee's race - Held: adverse action taken for proscribed reason in terminating applicant but not in issuing warning
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