Embedded Files
An overview of ongoing appeal proceedings before the Full Court of the Federal Court of Australia, including main issues, procedural developments, and supporting materials.
An overview of ongoing appeal proceedings before the Full Court of the Federal Court of Australia, including main issues, procedural developments, and supporting materials.
Selected Appeal Files:
Dr Zabortseva is a public servant at the Australian Public Service Commission (APSC), where she was invited to join following receipt of the PM&C (The Department of Prime Minsiter and Cabinet) Secretary's award — presented to Dr Zabortseva as part of the PM&C CALD executive team — for "excellence in leadership, acting with integrity and honestly in all situations and empowering others to reach their highest potential".
Her work involved developing the APS CALD Employment Strategy — complex and sensitive work concerning questions of cultural and ideological direction that had remained unresolved for decades within the APS, carried out by a small taskforce.
The APSC leadership advised the Taskforce that the work required asking brave questions — acknowledging these could be confronting and unsettling, but essential to offer a strong and resilient strategy. While following these guidelines, in her manager's absences, Dr Zabortseva had to confirm proposed Strategy developments with the leadership prior to their submission for further publication and public consultations. During that work, she raised concerns about integrity and risk management as they emerged — and addressed them as part of her professional responsibilities, as per her statements.
The CALD Strategy was well received across the APS community and beyond as a thoughtful and balanced contribution.
ADVERSE ACTIONS
Dr Zabortseva was initially represented by Maurice Blackburn Lawyers, who assessed that a series of serious adverse actions had been taken against her as a consequence of raising those concerns. Due to financial constraints, she subsequently brought proceedings in the Federal Court of Australia as a self-represented applicant. The primary judge dismissed the adverse action claims in a decision delivered on 15 December 2025. Dr Zabortseva appeals that decision to the Full Court.
The proceedings concern a series of adverse actions taken against Dr Zabortseva following the raising of workplace questions. These included the the refusal of bereavement leave — during which Dr Zabortseva was informed of accounts of employees who had falsified bereavement claims. The direction to attend an Independent Medical Examination became a central consequence of Dr Zabortseva providing the only available proof of her loss at that time. The IME offical decision though was based on a single factor — alleged extended absences from work for medical reasons. Evidence at the hearing did not support that account. To the contrary, Dr Zabortseva had accumulated significant unused personal and annual leave.
APPEAL
The appeal raises matters of broader significance and implications for the administration of workplace rights under the Fair Work Act 2009 (Cth) — including the application of the reverse onus. Notably, none of the witnesses who worked with Dr Zabortseva were called to give evidence at the hearing. The key witness upon whose account the IME referral was based — Dr Zabortseva's manager — gave no evidence, either in person or in writing.The decision relied upon internal notes that were not confirmed or tested before the court.
The appeal also concerns the absence of a declaration of breach, and the treatment of the right to grieve as inconsequential by reference to its minor financial value alone.
See also: Bereavement Leave Refusal | ACD 11/2025
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