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A manager's fixation on workplace bullying meant he overlooked his employer's financial reasons for dismissing him as part of a leadership overhaul, the Federal Circuit Court has ruled, in rejecting his adverse action claim.

Judge Gregory Egan accepted the employer was focused on increasing productivity and revenue, and was "indifferent" to the manager's workplace complaints of bullying by a former superior.

In March 2021, the Toll Transport general manager of Queensland received three months' notice of his termination. He was also offered an ex-gratia payment of $58,750, on the condition that he sign a deed of release, but he declined.

During the dismissal meeting, the executive general manager (EGM) of Toll Palletised Express told the manager that the employer was "heading in a new direction under new leadership".

The manager subsequently claimed adverse action, arguing he was dismissed for exercising his workplace rights to make complaints. He also claimed the EGM, Toll Group's managing director, and its employee and industrial relations general manager were accessorily liable for the employer's contraventions...