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Sacking terminally ill worker was unlawful adverse action

A manager who was bullied and intimidated, and then sacked, after being diagnosed with a terminal illness has been awarded $163k in adverse action proceedings.

In November 2018, the Willis Bros Marble and Granite production manager, who was at the time also a director, was diagnosed with lymph node silicosis. His subsequent workers' compensation claim was accepted, but he continued to work as normal, although his doctor had said to "stay away from the silica".

According to the manager, shortly after his diagnosis the managing director of the employer's parent company took steps to remove him from the business.

In adverse action proceedings, the manager told the Federal Circuit Court that despite his diagnosis, the MD repeatedly told him to "get back on the tools" because the business was short-staffed. As a result, he felt pressured to work in an unsafe environment, he said...

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