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A large employer designed a restructure to manage out a "difficult and litigious" senior employee who "actively and successfully" exercised her workplace rights, the Federal Circuit Court has ruled.
Judge Doug Humphreys found there was "little evidence of any real and genuine attempts" by the Bureau of Meteorology to comply with its redeployment duties under the relevant enterprise agreement.
Taking into account the employer's actions – and inaction – Judge Humphreys said the "inescapable conclusion" was the employer simply didn't want the employee working for it "in any role"...
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