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Employer defends taking adverse action against "most difficult" manager

Removing a manager from her role, informing hundreds of staff of this decision, and then dismissing her, weren't actions taken because she'd made 19 workplace complaints, an appeal court has ruled.

The National Australia Bank internet banking manager sought compensation and penalties for unlawful adverse action, but in June last year Federal Court Justice John Snaden rejected her claim.

He found the manager had made complaints and enquiries about her employment and that NAB did take adverse action against her, but that its decisions weren't because she exercised that workplace right.

The manager appealed, arguing Justice Snaden wrongly found her supervisor didn't participate in NAB's decision-making process in such a way that required proceedings to interrogate his state of mind. He was also wrong to conclude that even if the supervisor had contributed to NAB's decisions, he didn't act for a prohibited reason, she claimed...

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