St Basil's NSW/ACT responds to Federal Court decision

Aged care facility provider St Basil’s NSW/ACT has responded to a Federal Court of Australia decision in which compensation was awarded for economic loss, non-economic loss and out of pocket expenses — “penalties imposed because they are necessary for the promotion of the public interest in securing compliance with the provisions of the FW Act” [Fair Work Act 2009 (Cth)]. In the decision, St Basil’s was found to take the “adverse action” of terminating the employee’s employment on 23 January 2020; “it did so because she had exercised her workplace right to make a complaint or inquiry in relation to her employment or because of her Chinese race”.

In a statement, St Basil’s said: “While we will not comment on individual legal matters, we recognise the importance of listening, learning, and continuing to evolve as an organisation. This incident dates back several years and occurred during a period of significant challenge for St Basil’s. Since then, we have undergone a major transformation, including the appointment of new leadership with deep expertise in governance, compliance, and aged care reform.”

The court ordered that under s 545(2)(b) of the FW Act, compensation should be paid to the former employee in the following amounts: $175,000 for past economic loss; $61,559.62 for future economic loss; $75,000 for general damages; and $10,000 for future out of pocket expenses. Under s 546 of the FW Act, the respondent was ordered to pay pecuniary penalties in the following amounts: $45,000 in respect of the contravention of s 351(1) of the FW Act; and $15,000 in respect of the contravention of s 340(1) of the FW Act.

“As discussed in the judgment, St Basil’s has also taken considerable steps ‘to ensure that there are better systems in place to guard against the risk of repeated contraventions. In that sense, it has now taken steps to ensure compliance’,” St Basil’s also said. “We are proud of the genuine progress made across our homes, now fully compliant with national aged care standards, and remain deeply committed to providing a safe, inclusive, and respectful environment for every resident, staff member, and family we serve.”

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