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The absence of evidence from a director closely involved in the sacking of a "serial complainant", after he assaulted a colleague at work, has undermined an employer's defence to his adverse action claim.
The employer's decisions were "logical" and consistent with its policies and expectations, Federal Circuit Court Judge Amanda Mansini said.
However, the director's state of mind "also bears scrutiny", she said, and her failure to give evidence meant the employer hadn't discharged its reverse onus of proof.
The employee, a First Nations person, worked for Services Australia for just 32 days in late 2023, during which time he made numerous complaints to HR...
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