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A manager "reconstructed" evidence to support his reasons for excluding a worker from a site, the Federal Court has ruled in adverse action proceedings.

The WorkPac machinery operator performed duties at BM Alliance Coal Operations' (BMA) Goonyella Riverside coal mine between October 2013 and November 2017.

During a night shift on 9 November, the worker was required to drive a tip truck and unload rejected land mass on a 'ramp' vehicles used to access the mine pit. However due to inadequate lighting of the ramp, the worker refused to perform the task; she was concerned about not being able to identify potential hazards along the road.

Her attempt to contact a supervisor about the situation was unsuccessful and, after taking a break, she was allocated a different task, and then concluded her shift...