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Expressing frustration about management or operational issues "is a common incident of life at any workplace", and doesn't always qualify as a "complaint", the Federal Circuit Court has affirmed in adverse action proceedings.

Judge Jonathan Forbes found exchanges between a manager and his supervisor fell into "the category of disagreement", and weren't an exercise of any workplace right.

In August 2022, Palcove Pty Ltd dismissed the manager of its Cheap as Chips retail store in Hamilton, Victoria. It said his involvement in an altercation with a group of adolescents amounted to misconduct and breached its policies.

But the manager, who was halfway through his probation period at the time, claimed he was unlawfully sacked for making workplace complaints, including about his supervisor...