Violet is a Human Resources Administrator at August Publishing Pty Ltd.She answered an advertisement titled "Human Resources Officer, long term position, training provided, competitive salary and flexible working arrangements". Violet works at August Publishing's premises from 9am to 5pm on Monday to Friday.She undertakes an administrative role supporting a variety of human resources functions including payroll and accounts.She uses August Publishing's company vehicle for running errands during her work hours and wears August Publishing's signature uniform.Violet has an ABN and invoices August Publishing monthly on an hourly basis for her hours of work. While Violet pays her own tax, August Publishing make superannuation contributions on her behalf.

When Violet applied for her job she did not anticipate the difficulty she would have with her immediate supervisor, Jingles.She remembers when she attended the interview that Jingles, August Publishing's Manager of Human Resources, had asked about her hobbies and that she had responded briefly saying that she liked to run and participated in a book club with friends.Violet had also been asked whether she was on Instagram, and it was suggested that Violet add Jingles as a friend so August Publishing could find out more about her. Violet did not think at that time that her passion for exotic clothing and her uncommon religious beliefs would be an issue.

August Publishing have a social networking policy that requires employees to use their professional judgement in the use of social media, and to be mindful of communications to August Publishing employees or communications which could be viewed by August Publishing employees.The policy also refers to August Publishing employees having a responsibility to ensure any references they make to August Publishing are factual and do not contain confidential information.Finally, the policy states that non-compliance will be considered misconduct. The social networking policy was first implemented last September, a month before Violet started working at August Publishing.

Violet enjoys working in HR and likes the payroll aspects of her job but increasingly struggles to work with Jingles, who teases her about her dress sense and is always criticising her work. A couple of months ago, instead of congratulating her on placing in a local half marathon, Jingles said in front of the whole HR department, "Can I expect to see you running around here now?Maybe actually get your work done?" Jingles has made several other targeted remarks standing adjacent to Violet's office partition.They seem to be designed to be overheard. A particularly smarting comment referred to the "nut cases" that believe in reincarnation, a foundational tenet of Violet's faith.The next day Jingles remarked to a senior colleague, in Violet's hearing, "She still understand reincarnation is just a type of flower", and "She will never work hard to get ahead in this business if she thinks she has more than one life".

Last month, after a few birthday drinks with her friends, Violet went home and posted a note on her Facebook page, "Bosses know nothing about nothing.They are just mean and ignorant and have no idea of fashion."Violet has coincidentally been suffering from a mild anxiety disorder.She has had to take a few afternoons off from work for doctor's appointments.She must also take medication to deal with the condition. Any leave taken has always been supported by a medical certificate.

During the last fortnight, Violet has worked late, for an extra two hours each day, to complete complex pay run due to public holidays.The relationship between Violet and Jingles increasingly deteriorated during this time.Jingles refuses to speak to Violet at all unless to criticize and at one point told Violet to "come back in your next life with some brains".

Violet joined a group on Facebook dedicated to eradicating departmental mismanagement. On one of her late-night shifts Violet made a comment online that suggested annual reports contained manipulated statistics and that the only way to find out the truth about profitability was to ask the employees and clients.Another referred to how one of her female managers needed to 'get over' herself and that she was a bully. August Publishing's managing director also follows this Facebook group.He has read Violet's comments and is concerned about the impacts on the firm.

Advise August Publishing on whether they or Violet are in breach of contractual terms, and whether Violet can claim any legislative protection in relation to her religious faith. Consider the contractual basis of Violet's work relationship with August Publishing first.