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The Federal Circuit Court has found an employer made a "forensic choice" not to provide direct evidence of a decision-maker's reasons for rejecting a job applicant, and in doing so undermined its ability to defend a general protections application.

The case involved a Ballarat Community Health alcohol and other drug (AOD) withdrawal nurse, who claimed he suffered unlawful adverse action when his employer created a new role – resulting in his position becoming redundant – and refused to appoint him to it because he had made workplace complaints and a Fair Work Commission application.

The Court heard that in late 2017, the employee made bullying allegations against two female managers, but an investigation found his claims were unsubstantiated. A few months later, the employee again complained about the managers, as well as the CEO.

Then in March 2018 he made a general protections application to the FWC, however discontinued it on the understanding that the employer would provide appropriate workplace behaviour training...