iscover Accountant-turned-director loses appeal in unfair dismissal fight
BusinessAfter receiving six months' payment in lieu of dismissal for serious misconduct and reinstatement, a former accountant has lost her fight to receive nearly $500,000 in remuneration for alleged lost wages.
A former accountant has lost her appeal in the Fair Work Commission (FWC) for remuneration and reinstatement to a position that was filled after it found that she failed to mitigate her losses and made “very little effort” in applying for jobs.
Following her dismissal from the University of Melbourne on the grounds of “serious misconduct by engaging in a pattern of inappropriate behaviour”, former practising accountant and director at the university, Angela Paladino, was reinstated to her position of director of the Williams Centre for Learning Advancement at the university after the deputy president Ian Masson of the commission determined procedural failings by the University in the dismissal.
“[Masson] further found that there had been significant procedural failings by the University in carrying out the dismissal, and that Dr Paladino’s seniority, length of service, and prior unblemished record weighed in favour of a finding of harshness,” the commission said.
Paladino was reinstated to director at the Williams Centre, but not to the Academic Board due to the role being filled following her dismissal.
In her appeal, she sought reinstatement to the academic board and remuneration for lost wages.
Paladino claimed that there was no reason for deputy president Masson to “punish her” by not ordering the university to pay her $475,000 in lost remuneration.
The court noted that she had been provided six months’ pay in lieu of notice prior to her dismissal.
“The termination payment she received from the University was greatly in excess of her legal entitlement,” the commission said.
While Paladino applied for four jobs to no avail after she was dismissed, the court determined that her efforts to find alternative employment “were minimal”.
“The evidence shows that Dr Paladino made minimal efforts to mitigate her loss, and that after her dismissal she decided to focus on her unfair dismissal application.”
In consideration of the evidence presented to the commission, the full bench ruled that it did not weigh in favour of Paladino’s success.
“In our assessment the appeal does not raise issues of importance or general application. Contrary to the submission of Dr Paladino, we do not consider that the decision manifests an injustice.”
Thus the commission refused the permission to appeal the Deputy President’s decision, dismissing Paladino’s application.
The case citation: Angela Paladino v The University of Melbourne (C2026/3831).
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