Log in or become a subscriber

Evidence of an employer's "considerable disinterest" in addressing a general manager's workplace complaint has significantly undermined its defence to his adverse action claim.

The GM of PBE Rutherford Mining's 'CouplerCo' division was dismissed via redundancy in January 2022, but he claimed adverse action, alleging the real reason his employment was terminated was because he'd complained about a subordinate, taken sick leave, and then sought workers' compensation.

The employer, however, denied sacking the GM for any prohibited reason, arguing his job was no longer required to be performed by anyone.

The Federal Circuit Court heard that in mid-2021, the employer's managing director was working on a restructure plan, which ultimately proposed merging the GM's division with another, and making his role redundant, effective from June 2022...