Two staff quit, two more broke down - so the employer acted, and Fair Work agreed
An aged care manager called her sacking unfair. The Fair Work Commission disagreed, backing her employer over how she treated her own team.
In a decision handed down on July 2, 2026, the Commission dismissed an unfair dismissal claim by a Lifestyle and Engagement Manager at a not-for-profit aged care provider, ruling her employer had a valid reason to let her go: how she treated her own staff.
The worker joined Port Stephens Veterans and Citizens Aged Care Ltd, trading as Harbourside Port Stephens, in January 2025. She was dismissed on November 21, 2025 with four weeks' pay in lieu of notice. She argued the dismissal was harsh, unjust and unreasonable. Her employer said it was fair. The Commission sided with the employer.
Staff turnover set things off. Two activities officers on her team quit in October 2025 and, in exit interviews, said they left because of her. Soon after, following a resident barbecue, two more team members were in tears and said they wanted to resign. That would have cut the activities team in half in a single month. The employer opened an investigation.
Three team members gave consistent accounts to the Commission. They said the manager yelled at them and spoke rudely, and that her abrupt manner often left staff in tears. In one incident, an employee whose anxiety and depression medication had been doubled - affecting her skin - was asked, "what's wrong with your skin?" The employee said she was on medication for stress; the manager laughed it off. Two staff sought treatment from their GP over how they were treated.
The Commission preferred the team's evidence over the manager's denials, calling it consistent and supported by medical evidence. The deputy president found she had breached the employer's code of conduct by failing to treat colleagues with courtesy and respect.
There was a second problem. The manager was repeatedly directed to scale back resident activities after care managers reported residents were tired. She "strongly disagreed" and did not comply. She also kept emailing her team after being told to take leave and leave her laptop and phone at the office. That was a further breach - failing to follow lawful and reasonable directions.
Not every allegation landed. The Commission was not satisfied she had created an unsafe environment for residents, noting some resident comments may have been made in jest.
For HR, the decision reads like a checklist. The employer, with about 289 staff and in-house HR expertise, put its concerns in writing, issued a show cause letter, let the worker respond, and secured sign-off from People & Culture and the chief executive before terminating. The deputy president rejected claims of bias, predetermination and a rushed process, noting it ran almost a month.
It is also a reminder that psychosocial safety runs in every direction. The employer leaned on its duty to protect the health and safety of workers - the same obligation that forced its hand once staff began resigning and breaking down.
The manager's record was mixed. She had a board commendation in September 2025 for her team's activities program, but showed no remorse by the hearing, describing her accusers' evidence in her own reply material as coming from "a few LLD Staff who wantonly continue to do their annoying, uncivilized, brazen and disrespectful ways." The Commission found the dismissal proportionate to the gravity of her conduct and dismissed her application.
