A missed deadline and a too-broad complaint stopped most of the case before the merits
Coles has halted most of a former worker's discrimination and unfair-treatment case - not by disproving it, but on the rules he had to follow first.
In a judgment handed down on June 1, 2026, the Federal Court of Australia dealt with claims brought by Sahil Verma, a casual trolley collector at Coles from November 2021 until his dismissal on February 9, 2024. Mr Verma argued the dismissal breached the Fair Work Act and was both racial and disability discrimination. The judgment notes he has a schizoaffective disorder.
At the heart of the case was an alleged incident on January 12, 2024. Mr Verma says he fell ill during a shift and rested in the break area, only to be photographed on the floor by a co-worker, who reported him as "sleeping on duty." Mr Verma further alleges that later that day, after he raised a safety rule, the co-worker leaned in and made a racial threat against him. He says that co-worker was dismissed roughly three months later after abusing another colleague. The court did not test or decide any of this. The ruling turned on process.
And process is where the case unravelled.
The Fair Work claims went first. Mr Verma lodged his unfair dismissal application with the Fair Work Commission after the 21-day deadline. The Commission refused more time, and its Full Bench refused permission to appeal. A general protections claim in court also needs a certificate from the...
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