When silence becomes a lawsuit, HR directors bear personal consequences
An HR director is personally named in a Fair Work lawsuit over adverse action, complaint mishandling, and return-to-work failures.
A recently decided case in the Federal Circuit and Family Court of Australia has raised a question that should give every HR professional pause: can simply failing to respond to an employee's complaint be treated as adverse action under the Fair Work Act 2009?
In Mitri v Fire Rescue Victoria, decided on 30 March 2026, the Federal Circuit and Family Court of Australia struck out the amended statement of claim in its entirety, declined to summarily dismiss the proceedings, and gave the applicant leave to refile. The claim was brought by an employee of nearly 25 years against Fire Rescue Victoria and four named individuals, identified in the judgment as the then Director of Human Resources, Commander, Assistant Chief Fire Officer, and Commissioner of the organisation.
Fadia Mitri worked for Fire Rescue Victoria and its predecessor for nearly 25 years, most recently as Manager of Training Development, before her employment was terminated on the basis of medically assessed permanent incapacity. She is seeking approximately $1,000,000 in damages, along with pecuniary penalties to be imposed on all respondents. Her claim alleges that four separate types of adverse action were taken against her in breach of the Fair Work Act's general protections provisions, as well as the...
This article is commentary on matters of public concern. It is not legal advice. Consult licensed counsel about specific situations. This is Wrong. This is Illegal The President of the United Stat...