Log in or become a subscriber

Two managers treated an employee in a "high handed, hostile way", manifesting in an unfair disciplinary process, the Federal Court has found in upholding her adverse action claim.

The registered nurse at St Basil's Homes' Lakemba aged care facility was dismissed in January 2020 for allegedly failing to provide the necessary care to residents.

She subsequently claimed the employer had taken unlawful adverse action against her, in sacking her because she made workplace complaints and because of her race.

The Court heard that from mid-2019, the employee had complained about the close relationships between her Filipino co-workers, and their discriminatory and bullying behaviour towards her because she was Chinese...