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Even if a senior manager objected to a proposed secondment, he wasn't exercising a workplace complaint or enquiry, so his dismissal wasn't unlawful adverse action, the Federal Circuit Court has ruled.

In any event, Judge Anastasis Liveris found the employer's performance concerns were the substantial and operative reasons for the dismissal.

Mining company Roy Hill Holdings sacked the superintendent of infrastructure in August 2024. He argued this was unlawful adverse action, claiming his employment was terminated because he'd objected to a secondment and, after reluctantly accepting it, later indicated his intention to return to his substantive position.

Rejecting that the employer's decision was based on performance concerns, the superintendent pointed to a lack of contemporaneous documents, performance management, or warning letters, as well as his 'solid' performance rating in June 2024...