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Being the subject of an apprehended domestic violence order application does not attract protection from adverse action under the Fair Work Act, the Federal Circuit Court has ruled.

The power to dismiss a proceeding "should be exercised cautiously", Judge Lisa Doust noted, but in this case she was satisfied it was appropriate to do so, as the employee's claim had no reasonable prospects of success.

Aged-care provider HammondCare terminated the specialised dementia carer's employment in July last year. He subsequently lodged a general protections dismissal dispute, alleging breaches of sections 340 and 351 of the FW Act.

In claiming the employer dismissed him "without just cause or adherence to proper procedures", he argued it informed him of "bad feedback" without providing further details; it failed to give him an allegations letter or undertake an investigation; and it gave him no opportunity to respond, in violation of section 387 of the Act...