Popovic v Downer EDI Engineering Electrical Pty Ltd

In *Popovic v Downer EDI Engineering Electrical Pty Ltd*, the applicant, Mr Popovic, brought proceedings against his former employer, Downer EDI Engineering Electrical Pty Ltd, alleging unlawful termination of employment. The matter was heard by Judge McNab in the Federal Circuit and Family Court of Australia.

The court was required to determine whether Mr Popovic had been subjected to adverse action under the *Fair Work Act 2009* (Cth) by his employer. Specifically, the court considered whether the termination of his employment was because he had exercised a workplace right, or because of his age, or whether the employer had engaged in coercion. The court also assessed whether Mr Popovic had reasonable prospects of success in his claim.

Judge McNab found that Mr Popovic had not established that the termination of his employment was adverse action. The court concluded that there was no evidence to suggest that the employer's actions were motivated by Mr Popovic exercising a workplace right, nor was there any indication of age discrimination or coercion. Consequently, the court determined that Mr Popovic did not have reasonable prospects of success in his application.

The application brought by Mr Popovic was dismissed.