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Selected cases

Federal Court of Australia · [2026] FCA 679

Verma v Coles Supermarkets Australia

A Federal Court employment case about termination, discrimination allegations, Fair Work gateway requirements and early strike-out of claims.

Federal Court of Australia29 May 2026

Plain-English explainers, not legal advice. Check the linked official source before you rely on a specific section, and get advice for your situation.

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Quick read

  • Employment disputes can be won or lost before the final hearing if the claims do not line up with the right tribunal steps, certificates and complaint history.
  • A Federal Court employment case about termination, discrimination allegations, Fair Work gateway requirements and early strike-out of claims.

Use this to check

  • Fair Work, discrimination and workers compensation pathways have different gateway requirements.
  • Termination reasons should be recorded before litigation language starts changing the story.
  • Employee complaints should be investigated and documented even where the business later disputes the legal claim.

Decision snapshot

  1. 1

    What happened

    • Mr Verma worked for Coles as a casual trolley collector from November 2021 until his employment was terminated in February 2024.
    • After the dismissal, he brought Federal Court claims alleging racial discrimination, disability discrimination, Fair Work contraventions, negligence and personal injury.
    • Part of the case involved an alleged January 2024 incident where a co-worker allegedly made a racial threat.
    • Coles applied for summary judgment or strike-out of parts of the amended statement of claim.
  2. 2

    What the court had to decide

    • The Federal Court had to decide whether parts of Mr Verma's Fair Work, discrimination and negligence claims should be dismissed summarily or struck out.
    • The issues included whether the Court had jurisdiction over the Fair Work claims without the required certificate, whether the discrimination claims went beyond the AHRC complaint, and whether the negligence allegations could proceed given workers compensation legislation.
  3. 3

    What the court decided

    • The Court granted Coles' application in part.
    • It entered summary judgment on some Fair Work and discrimination claims, struck out the negligence pleading, dismissed two interlocutory applications by the employee because they no longer had utility, and reserved costs.
    • The decision narrowed the proceeding, but it did not turn the underlying workplace incident into a general rule that similar complaints can be ignored.

Practical impact

Practical read

  • Employment disputes can be won or lost before the final hearing if the claims do not line up with the right tribunal steps, certificates and complaint history.
  • Employers should keep termination reasons, complaint pathways and worker communications clean enough that the chronology can be tested later.

Useful next steps

  • Fair Work, discrimination and workers compensation pathways have different gateway requirements.
  • Termination reasons should be recorded before litigation language starts changing the story.
  • Employee complaints should be investigated and documented even where the business later disputes the legal claim.
  • An employer may be able to narrow a proceeding early if the pleaded claims do not match the required statutory pathway.
  • Keep a single chronology for complaints, leave, performance concerns and termination decisions.

Practical read

This case is useful because it shows how messy employment litigation can become when several complaint pathways overlap. The employee was not just arguing about dismissal. The pleaded case referred to race, disability, workplace rights, negligence and psychiatric injury. Coles responded by asking the Court to remove parts of the case before the matter went any further.

For employers, the practical story is about discipline. If a worker complains about a co-worker, takes leave, raises health issues or later alleges a prohibited reason for dismissal, the business needs one clear file: what happened, who knew what, what was investigated, what reason was relied on, what process was followed and which external complaint pathway was used.

The Court's decision does not mean employers can ignore discrimination or Fair Work risk. It means claims still have to be brought through the correct legal route and pleaded with enough connection to the facts. A business that has clean records, consistent reasons and properly handled complaints is in a much better position if parts of a claim need to be challenged early.

Checks to run

Key points

  • Keep a single chronology for complaints, leave, performance concerns and termination decisions.
  • Record who knew about any alleged disability, injury or discrimination issue before dismissal.
  • Separate the reason for dismissal from later disputes about compensation, leave or complaint handling.
  • Check whether an employee has used the correct FWC or AHRC pathway before responding to Federal Court claims.
  • Preserve rosters, incident reports, investigation notes and termination communications together.

Key takeaways

  • Fair Work, discrimination and workers compensation pathways have different gateway requirements.
  • Termination reasons should be recorded before litigation language starts changing the story.
  • Employee complaints should be investigated and documented even where the business later disputes the legal claim.
  • An employer may be able to narrow a proceeding early if the pleaded claims do not match the required statutory pathway.

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