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An employer has failed to prove it sacked a long-serving employee for pushing a colleague, with the Federal Circuit Court finding a "close nexus" between its decision and his workplace complaints.

The machine operator had worked for G James Extrusion for more than 15 years when he was dismissed in January 2020 for physically assaulting a colleague a couple of months earlier.

He subsequently claimed adverse action, asking the Court to find the workplace investigation into the incident was a "witch hunt" and that the real reason for his dismissal was because he'd made numerous complaints and enquiries during his employment.

In its defence, the employer said it not only tolerated but encouraged the employee's complaints about work issues, and that its decision was solely based on his serious misconduct...