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An HR advisor removed an employee from a casual pool because she repeatedly failed to indicate her work availabilities, and not because of her complaints and protected attributes, the Federal Circuit Court has ruled.

The Action Industrial Catering casual 'utility' employee claimed the employer took adverse action against her when it failed to undertake proper investigations and later dismissed her, because of her workplace complaints and enquiries, race, physical disability and/or carer's responsibilities.

The Court heard the employee, who worked on a fly-in, fly-out basis at various mining sites, identified as Aboriginal, had diabetes, and cared for her young daughter who was ill...