A s.394 (Application for unfair dismissal remedy) by Ms Nektaria Natoli against Anglican Community Services t/a Anglicare has been rejected by Fair Work Deputy President Sams in Sydney on 14 May 2018. The case summary reads as follows: Application for an unfair dismissal remedy – dismissal of supervisor at aged care facility – allegations of serious misconduct – breaches of social media and bullying and harassment policies and the Agreement – offensive and threatening text messages and Facebook post sent by the applicant in response to partner’s damaged car – no evidence that recipient of text messages and subject of Facebook post caused the damage to the car – admissions of applicant – assumption of guilt based on earlier incidents – applicant the employee’s supervisor – investigation of allegations – meetings with applicant and Union representative – no contrition or apology – applicant claimed no training on social media policies or bullying and harassment policies – claims of excessive workload not made out – incident not ‘heat of the moment’ in anger – deliberate intention to scare employee – priority on harshness of dismissal – one prior warning now disputed – long period of exemplary service – awards and commendations – valid reason for dismissal – breaches of policies and Agreement – options other than dismissal such as mediation inappropriate – comparable alternative employment – no issues of procedural unfairness – mitigating factors do not outweigh seriousness of the allegations and lack of contrition – dismissal not harsh, unjust or unreasonable – application dismissed. Ms Nektaria Natoli commenced employment with Anglican Community Services on 26 September 2006 at its 123 bed residential aged care facility in Taren Point, New South Wales.
