Court rules John Holland's redundancy was genuine, not retaliation
A construction worker said his redundancy was payback for injury claims and complaints. A federal court disagreed, thanks largely to a manager's text history.
The Federal Circuit and Family Court of Australia handed down its decision in Elliot v John Holland Pty Ltd on 23 April 2026, dismissing operator Nicholas Elliott's claim that his termination from the West Gate Tunnel Project breached the general protections provisions of the Fair Work Act 2009.
Elliott was dismissed on 20 February 2024. His employment with John Holland began on 1 March 2021 through a transfer of business from his previous employer. His case stacked up an unusually long list of alleged prohibited reasons: up to six employment complaints, up to eight employment inquiries, up to seventeen periods of paid personal leave, a Comcare claim, workplace adjustments for a back injury sustained in September 2022, and a proposed second Comcare claim. The second Comcare claim was rejected in December 2023, and the decision to reject it was affirmed on 8 February 2024. Three business days later, his manager raised the proposed redundancy.
Elliott also alleged a mental disability stemming from medication and depression, although the court was not satisfied this had been established on the evidence. He further claimed a safety officer had told him, "we need to get you right so we can get rid of you," though that officer did not give evidence and the...
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