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A probationary employee who attended only one-third of her scheduled work days, and was late on most of those occasions, has failed to prove her dismissal was actually motivated by her bullying complaint.

Federal Circuit Court Judge Karl Blake found Services Australia had been concerned about her conduct and performance for a long time, and gave her a "high level of support" prior to sacking her in November 2021.

In adverse action proceedings, however, the employee claimed she was dismissed because she complained about her team leader and because she took personal leave.

She also alleged the employer took adverse action against her because of her race, when the team leader told her she "spoke like an aboriginal person", and because of a physical disability, when she was reprimanded for taking too long to go to the toilet...