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Employee sacked for "disruptive" complaints wins adverse action claim

A team leader took unlawful adverse action against an employee who made "repetitious" and "increasingly disruptive" workplace complaints, the Federal Circuit Court has ruled.

The employee had become a "thorn in his side", but she had "good reason to be aggrieved", Judge Lisa Doust said, finding the team leader "confected" issues to justify her dismissal.

The call centre employee had worked for Tyro Payments for nine years before she was dismissed in June 2020.

She subsequently claimed her dismissal breached the general protections provisions of the Fair Work Act; she also alleged the employer had unlawfully transferred her from night to day shift and issued her two warnings...

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