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FCAFederal Court of Australia · 31 May 2026

Verma v Coles Supermarkets Australia Pty Ltd

Citation: [2026] FCA 679

At a glance

Employees affected
1

What happened

the Applicant, a casual trolley collector for Coles Supermarkets Australia Pty Ltd, was terminated on February 9, 2024. He alleges his termination and prior treatment were unlawful under various discrimination and workplace laws, stemming from an incident where he became unwell at work and a subsequent verbal altercation with a co-worker, Zachary Cooper, who allegedly made racist remarks. the Applicant claims Cooper photographed him while unwell and reported it to management. Coles is seeking summary judgment against the Applicant’s claims.

What was decided

The Federal Court of Australia granted Coles' application for summary judgment, dismissing certain claims brought by the Applicant. The court found that the Applicant had no reasonable prospect of successfully prosecuting specific claims related to his termination and alleged discrimination. Paragraphs 59-62 of the Applicant's amended statement of claim were struck out. Costs were reserved.

What it means for employers

Employers should ensure clear procedures for managing employee illness and reporting incidents at work. Promptly addressing allegations of discriminatory behavior among employees is crucial to mitigate legal risk. Maintaining accurate records of disciplinary actions, like the Second Respondent’s termination, can be relevant in defending claims.

What it means for employees

Employees experiencing discrimination or unfair treatment should document all incidents and follow established complaint procedures. Understanding the time limits for lodging complaints with bodies like the Fair Work Commission is essential.

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Every statement above is drawn from the published decision. Read the original here:

https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2026/2026fca0679

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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →

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