An employee at the Department of Climate Change will get to keep her job for now after the Federal Court found her flagged dismissal may have broken the law.
Hanan Assi claims the government body breached employment law by saying she failed to meet her probationary conditions and would be fired in the weeks before Christmas.
Commencing work at the Department of Climate Change, Energy, the Environment and Water on June 26 this year, Ms Assi was eventually put onto a six-month probation period.
When applying for the job, she allegedly declared that she had resigned from the Department of Agriculture, Water and the Environment (DAWE) during a workplace investigation.
On December 13, she claims that "without warning" she received a preliminary letter from branch head Nathan Hannigan considering termination because of allegedly misleading statements made regarding the investigation.
Allegations by DAWE included that she worked less than her stated hours in January and February 2018 and was overpaid $40,000, and that she operated her own business during work hours from September 2016 to January 2019.
Ms Anni claimed she was shocked by the investigation brought against her.
"This was a shocking event to me as I am very proud of my public service and at the Department of Agriculture was in fact appointed by the secretary of the department as the regional fraud authorised officer," she wrote to Mr Hannigan.
"If anything my long career can testify to my long history of loyalty and integrity."
The branch head contested Ms Anni's claims the investigation was simply dropped with no findings.
"Rather, what in fact occurred was that you responded to the allegations ... and following that, your lawyer negotiated an outcome whereby the investigation would not be concluded and you would resign from your employment with DAWE," he wrote.
After Ms Anni sought further information, Mr Hannigan granted an extension of time to respond to December 20.
A further request for time until January 7 went unanswered, leading Ms Anni to commence her Federal Court lawsuit on December 21.
The following day, Justice Berna Collier ordered an injunction blocking Ms Assi's dismissal after finding there were doubts as to whether the proposed termination and the process followed breached the law.
"I consider that there is a serious question to be tried as to whether the agreement has been contravened in respect of the processes required to be followed by the respondents," she wrote.
However, the judge rejected Ms Assi's discrimination and adverse action claims, saying there was no evidence she had been fired because she was a Muslim who wore a veil or had exercised a workplace right.
In ordering that Ms Assi retain her job, Justice Collier noted the mental health impacts of the potential dismissal and the financial consequences if she was fired.
"In such circumstances I am satisfied that damages would not be an adequate remedy to (Ms Assi)," she wrote.
There was also no evidence to show one way or the other whether Ms Assi's continued employment with the Department of Climate Change would affect its integrity or not, Justice Collier said.
