The case that asks: can a misconduct investigation double as retaliation?
The Federal Court struck out a bus driver's claim over his dismissal for misconduct, while keeping his retaliation argument very much alive.
On 13 March 2026, the Federal Court of Australia struck out a claim brought by Wael Rizkalla, a self-represented former CDC Geelong Pty Ltd bus driver, over his November 2024 dismissal. The ruling did not touch the substance of his claims, and his core argument that he was punished for speaking up remains live.
Rizkalla had worked for the Geelong-based bus operator since late 2018, serving as both an elected health and safety representative and a union delegate. In those roles, he regularly raised concerns about what he described as unsafe rostering practices and fatigue management.
Things escalated in late October 2024. On 22 October 2024, he emailed management raising concerns about proposed roster changes and their impact on driver safety. Three days later, he attended a union meeting. That same day, a complaint was lodged alleging he had driven unsafely. He was stood down on full pay and lodged a formal grievance on 28 October 2024 while an investigation was conducted, a show-cause meeting was held on 14 November 2024, and he was dismissed for serious misconduct on 15 November 2024.
CDC Geelong's position was unambiguous. It had "determined that the applicant had driven in an unsafe manner in breach of employment policies, amounting to serious misconduct,...
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