the Applicant v Clayton Church Homes Incorporated
Citation: [2015] FCA 219
At a glance
- Employees affected
- 1
What happened
the Applicant was employed as a registered nurse at Clayton Church Homes Incorporated, an aged care provider, from 1991 to 3 December 2012. In December 2010, she claimed workers compensation for an allergy with sinusitis caused by exposure to a resident cat. The compensation authority accepted liability on 6 June 2011. the Applicant exercised her right to return to work in a role without cat exposure and reported the facility to SafeWork SA in early 2011 for safety concerns. From October 2011 onwards, she was subjected to targeted complaints about timesheets, deductions from wages, allegations about nursing practice, and was placed on sick leave. She was dismissed 3 December 2012.
What was decided
The application was settled during trial, preventing a full judgment on the merits. the Applicant had exercised legitimate workplace rights including pursuing a workers compensation claim and reporting safety concerns. Adverse action in the form of complaints, wage deductions, and ultimately dismissal occurred after these rights were exercised, but the settlement concluded the matter before findings were made.
What it means for employers
Aged care employers must be cautious about subjecting employees to heightened scrutiny or adverse treatment after they exercise workers compensation rights or report safety concerns. Patterns of complaints following such actions can suggest unlawful adverse action.
What it means for employees
If you claim workers compensation or report workplace safety issues, your employer cannot subsequently subject you to unfair treatment or targeted complaints. You have legal protections against adverse action for exercising these rights.
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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