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A P&C leader's heavy reliance on a manager's dismissal recommendation, without independently verifying her concerns, has undermined an employer's defence of an adverse action claim.

The employee's dismissal was unlawful, not because of the P&C leader's state of mind, but because the manager failed to prove her recommendation wasn't based on prohibited reasons, Federal Circuit Court Judge Leigh Johns found.

The Lifeview Willow Wood employee – a residential wellness manager – was sacked in January 2025, three weeks before her probation period was due to end. She subsequently lodged a general protections claim, alleging her dismissal was prompted by her workplace complaints and enquiries.

The employee claimed she'd exercised workplace rights when she sent five emails that raised "legitimate concerns" about unsafe or inadequate staffing, clinical documentation, incident reviews, staff allocation, lateness, pay and hours...