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An employee who believed he could determine his own safe and appropriate way to work, regardless of his employer's policies or directives, has lost his adverse action claim.

The Endura Paint production assistant claimed he was sacked on 7 May 2018 because he'd exercised his workplace rights to: take a break after six hours of work; "always think and practise working safely"; and issue a "safety violation" letter to company directors.

He sought $17k for lost income and $10k for "bullying acts of unreasonable work demands".

The Federal Circuit Court heard that a few days before his dismissal, while performing remedial works at a client's site, the employee sat on the client's outdoor furniture, put his feet on a table, and took a nap...