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A resentful legal secretary has pursued a lengthy, “determined and spiteful” campaign against her former employer, national law firm Gadens, over what she alleged was an unfair termination in 2018.
Editor’s note: This story first appeared on HR Leader’s sister brand, Lawyers Weekly.
Following a number of adjournments and a warning she could be declared a vexatious litigant, the Fair Work Commission (FWC) has closed Sophia Marrtea Baker’s unfair dismissal application against Gadens with a finding her termination was reasonable.
In his reasons, FWC deputy president Nicholas Lake said Baker had pursued the matter “for an extraordinary period of time”, and Gadens has been “incredibly patient” in accommodating and being mindful of her circumstances with each adjournment request.
“[Baker] did not cooperate with the respondent.
“It seems to me the applicant has undertaken a determined and spiteful campaign against the respondent, and her correspondence with the commission is evidence of this,” Lake said.
Baker was terminated in 2018 over a failure to attend five independent medical examinations between June and September. By this time, Baker had not attended work for a year.
Back in April, Lake said Gadens’ request for the independent examination “appeared to be lawful and reasonable request”, and Baker’s failure to comply “was a valid reason for dismissal”.
Lake said that given Gadens was unable to assess Baker’s ability after a long absence, “then it will be assumed that the employee will not have the ability to complete the inherent requirements of the role”.
After her last request for an adjournment, Lake said if she failed to lodge material and sought another delay, he would dismiss the application “on the basis that the applicant has extended these proceedings in a vexatious manner with no intention to prosecute”.
Since this last appearance earlier this year, Lake said Baker had submitted 162 pages of written submissions, 178 documents in support, a medical certificate, 158 pages of written submissions in reply, and 16 pages in response to a hearing transcript.
The case is Sophia (Marrtea) Baker v Bodhicorp Pty Ltd ATF The Gadens Service Trust No 2 T/A Gadens Lawyers Brisbane (U2018/10767).
RELATED TERMS
When a company terminates an employee's job for improper or illegitimate reasons, it is known as an unfair dismissal.
