Three days separated the email from the exit - the court found the probation clock explained it
A worker chased her leave request and flagged an ATO records error. Three days later, she lost her job. Her adverse action claim failed.
The Federal Circuit and Family Court dismissed the claim on August 14, 2026, on a threshold point. The employee, the court found, had not exercised a workplace right at all when she sent the email she relied on. That finding meant the employer was never required to prove why it dismissed her.
She started with the business in Australia around September 26, 2024 on a part-time basis and moved to full-time as a Marketing Executive around October 7, 2024. The respondents were EzyPay Solutions Pty Ltd and EzyRemit Worldwide Pty Ltd. On evidence the court accepted, EzyPay trades under the name EzyRemit, EzyRemit does not trade in its own right, and the main activity is an "international funds transfers/remittance service provider" operating through its own online platform. Her Letter of Offer, dated September 19, 2024, put her on six months' probation ending March 26, 2025. During that period, either side could end the contract on one week's notice.
On March 12, 2025 she asked for seven days of annual leave across April and May. Nine days later, having heard nothing, she followed up with an email raising two items. The first chased the status of the leave request. The second, headed "ATO Report Update," said her ATO record from September 29, 2024...
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