Employer receives $66,150 penalties following a contrived dismissal process

In a recent ruling, the Federal Circuit and Family Court (Federal Circuit) has required an employer to pay around $100,000 in penalties and damages. The high value of the penalties (a total of $66,150 for two separate breaches) is intended as a reminder to employers that the court has the ability to significantly punish deliberate contraventions involving victimisation. The case, and its findings highlight what to expect should an employer seek to use legitimate performance management practices as cover for illegal adverse action.