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A manager held concerns about an employee's performance "well before" he complained about micromanagement, the Federal Circuit Court has accepted, in dismissing an adverse action claim.

And although the manager was the first to raise the prospect of dismissal, the final decision-makers had no knowledge of the employee's complaints when they agreed to terminate him, Deputy Chief Judge Patrizia Mercuri found.

The case involved an EnergyAustralia Services data engineer, who was employed from April to September 2024.

He claimed he was sacked because he'd exercised a workplace right to make complaints. These were about a colleague's comment, which he said was "obscene", and about his manager's behaviour towards him...