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The Federal Circuit Court has ordered an employee to pay $125k of his employer's legal costs, finding his actions during general protections proceedings were "so manifestly unreasonable, there must be consequences".

As reported by HR Daily last month, the case involved a former casual employee of Tasman Rope Access, who claimed the company's refusal to re-employ him four years later was unlawful discrimination on the basis of a physical disability. (At the same time, the employee denied having any disability – read full details here.)

Federal Circuit Court Judge Salvatore Vasta threw out his adverse action claim, finding the employer had refused to hire him as a rope access technician after he attended a pre-employment medical examination and received only low or average ratings in specific strength assessments.

The employer's decision was based on the employee's inability to perform the requirements of the role, the Judge accepted, and his claim had to fail...