Home carer scores damages from major brand employer
LONDON: A care worker has been awarded damages for a psychological injury triggered by alleged unfair treatment at work.
In Nelly Rudiak v Australian Unity Home Care Services Pty Ltd, Member John Isaksen of the Personal Injury Commission of New South Wales considered whether:
- the worker had suffered a psychological injury
- the worker had been treated unfairly
- the worker’s condition was due to reasonable administrative action
- the worker was entitled to damages
The worker, Nelly Rudiak, worked as a care worker for the employer, Australian Unity Home Care Services. The worker argued that between 2011 and 4 October 2019 she had suffered a psychological injury due to unfair treatment at work and sought damages.
The worker stated that she had mainly performed care duties but occasionally had undertaken administrative duties. The administrative duties were paid at a higher rate. From 2015 the worker was put in acting administrative roles. She applied for a permanent position as an administrator in February 2017 and was transferred to that position on an acting basis for six months. After the six months she was transferred back to her previous position. She found out that another worker had been given the role.
The worker was on leave between January and April 2018. During that time the worker was aware a permanent position would be coming up, and she asked her manager to forward application details, but the manager did not do so. When the worker returned from her leave she found the position had been filled by a friend of the manager’s. The worker stated she felt she had been unfairly treated.
In August 2018 the worker again applied for a permanent administrative role but was unsuccessful. The worker stated she felt cheated and humiliated by the employer and began to feel stressed by the situation. In December 2018 she was told by her regional manager that she would be able to secure a full time position if she did well in a temporary role, but she was again unsuccessful.
The worker stated that other incidents, including having money taken from her account for overpayment without her permission, made her feel she was being bullied. She began to feel depressed and on 5 October 2019 sought help from her doctor. The worker stated she was scared to return to work because she feared the way the employer would treat her.
The employer stated that the worker had not secured the roles she’d applied for because other workers with more experience were appointed. The employer argued that the worker’s condition was due to reasonable administrative action.
Under compensation law, workers are not entitled to payment if their injuries are caused by reasonable administrative action such as not being given a promotion.
In deciding the case, Member Isaksen reviewed the evidence and noted that the worker had been working in administrative roles on a temporary basis for five years. Member Isaksen found that the worker had reason to interpret the consistent refusal of a permanent position as unfair. Member Isaksen found that the worker’s condition was due to unreasonable action and ordered the employer to pay $747.47 per week from 17 March 2020 to 13 September 2020, and $325.67 per week from 14 September 2020 onwards.
