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It was retaliatory and "cold-hearted" of an HR manager to ask an absent employee to attend meetings, and to repeatedly deny his requests for annual leave after his sick leave ran out, the Federal Circuit Court has found in upholding his adverse action claim.

Hisense Australia's HR manager adopted a "high-handed, dismissive and at times, retaliatory approach" towards the employee, who had repeatedly sought information about his employment and complained when he didn't receive it, Judge Catherine Symons found.

In adverse action proceedings, the Court heard that between January 2019 and December 2021 the customer service team coach asked the employer to rectify underpaying him. He also sought his job description, award classification, KPI, and employment contract, and complained when he didn't receive them.

In October 2021, while emailing the employee that she couldn't find his contract, the HR manager requested evidence that he was "legal to work in Australia". She added that if he couldn't provide it, the employer "may take further actions".

The employee then went on sick leave, citing work-related stress and anxiety, and ultimately never returned, the Court heard...