Federal Circuit ruling maps how general protections claims can be pleaded after internal complaints
A West Australian yacht club has lost its push to force a former general manager to nail down the legal basis of his workplace rights claim, in a May 19, 2026 ruling that offers a useful map for HR teams handling general protections cases.
Michael Sassella ran South of Perth Yacht Club as General Manager from January 2023. The club terminated him on January 24, 2025. In March 2025, he filed in the Federal Circuit and Family Court alleging the club fired him because he had exercised workplace rights, breaching s 340 of the Fair Work Act.
According to the judgment, Sassella relies on three acts as the exercise of those rights. In May 2024, he raised what he calls a "Bullying Complaint" with the club, citing alleged defamatory comments published about his conduct as General Manager. In October 2024, he lodged a "WorkSafe Report" with WorkSafe Western Australia. Later that month, his lawyers sent a "Letter of Complaint" to the club alleging bullying and breaches of work health and safety law, and flagging a potential stop-bullying application to the Fair Work Commission or a workers compensation claim.
The club went on the front foot. It asked the court to order Sassella to file particulars showing the contract, instrument or law that actually entitled him to make each complaint under s 341(1)(c) of the Fair Work Act. In plain terms: prove your right to complain before you ask...
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