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An employer accused of taking unlawful adverse action was "left without a leg to stand on" when a judge based her finding on a "suspicion" of conspiracy, the Federal Court has ruled in upholding its appeal.

In June 2017, Southern Migrant and Refugee Centre made the finance team leader's role redundant, and she subsequently made a general protections claim arguing this occurred because of her workplace complaints.

The Federal Circuit Court heard that the employee had taken personal leave in March that year – and didn't return – after she was informed a subordinate had complained about her behaviour...