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An employee was unlawfully sacked for discussing remuneration with colleagues and making workplace complaints, the Federal Circuit Court has ruled.

The employer argued the employee's pay conversations didn't fall under section 333B of the Fair Work Act (and therefore weren't a workplace right) because he hadn't asked the colleagues about their pay and conditions, but Judge Doug Humphreys rejected its submission.

The NQM Gold senior environmental advisor alleged in his general protections dismissal claim that he was sacked in November 2023 for exercising his workplace rights.

He told the Court that in the weeks before his dismissal, two colleagues informed him they had been offered new contracts with reduced pay. He gave evidence that during both conversations, he advised the colleagues not to sign anything they weren't happy with...