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A people and culture manager who conducted regular welfare checks with an absent worker prior to dismissing him has successfully defended his adverse action claim.

The "true reason" for her decision was not the employee's complaint, psychological injury or workers' compensation claim, as he alleged, but his inability to perform the inherent requirements of his role, Federal Circuit Court Judge Leigh Johns found.

Apco Service Stations dismissed the corporate food trainer and auditor in March last year. He subsequently filed an adverse action claim against the employer and P&C manager, alleging his employment was terminated because he'd made a workplace complaint, lodged a workers' compensation claim, and had a mental disability.

The Court heard that when the employee was auditing an Apco retail store in December 2024, the franchisee criticised his work and verbally abused him and a colleague, calling them "f-cking idiots"...