INDUSTRIAL LAW – appeal from orders of the Federal Circuit and Family Court of Australia – general protections application – where the primary judge found that the employer’s reasons for taking adverse action included the fact that the employee had made a complaint – whether the primary judge erred in relying on the subjective views of the employee as to whether she had been the subject of adverse action – whether the reasons were inadequate and/or involved an erroneous factual finding regarding the issue of demotion and being forcibly removed – whether the primary judge erred in finding that the decision-makers’ real reasons for the impugned decision included a prohibited reason and failed to give adequate reasons – whether the primary judge erred by applying a test of reasonable apprehension of bias – whether the primary judge erred by creating and relying on a nexus between Ms Lamb’s complaint and RPS’s response to the proposed study commitments – appeal dismissed.

Renae Kumar was led by Ian Neil SC, both appearing for the Respondent.

Reasons for the decision can be found here.