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An employer's responses to an employee's workplace complaints were "prompt" and "thorough", the Federal Circuit Court has ruled, finding it dismissed him because he couldn't perform the inherent requirements of his role.

The StarTrack Express freight handler claimed the employer took adverse action against him on 12 occasions, culminating in his dismissal in September 2021, because he'd exercised his workplace rights. He also claimed it discriminated against him on the basis of his Asian race.

But the employer denied any unlawful conduct, specifically arguing its dismissal decision – which was the only "adverse action" it took – was due to the employee's inability to safely perform the inherent requirements of his role, and his failure to provide medical certificates at certain times during his nine-month absence from work.

The Court heard the employee complained on numerous occasions about colleagues smoking in the bathrooms and he believed the employer's response, in reminding staff of their health and safety obligations, was "inadequate"...