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The Federal Circuit Court has refused to lift an employee's suspension without pay during his investigation for misconduct, despite the employer's "inordinate delay" indicating a likelihood of unlawful adverse action.

Accepting there was a serious case to be tried regarding the reasons for the employer's actions, Judge Leigh Johns nonetheless found the balance of convenience weighed against granting an interlocutory injunction.

The case involved an HVP Plantations regional health and safety partner, who lodged a non-dismissal general protections dispute in October last year. He claimed numerous adverse actions had been taken against him because he'd exercised a workplace right in contacting the Fair Work Ombudsman about his job being "re-advertised".

The Court heard that the employee had been engaged on a six-month fixed-term contract, which was due to expire on 30 January this year.

In September 2025, the employee raised that he believed there was an ongoing operational need for his role and he asked the employer to consider an extension of his contract, or to convert it to an ongoing position...