In relation to my previous blog on the first case, the Fair Work Commission has now handed down its judgment in relation to the compensation to be awarded to the educator (applicant) for being unfairly dismissed. The Commission stated:
I have taken into account the lack of responsibility and contrition of the Applicant in relation to the two incidents in circumstances where I have found that the conduct did occur. In her submissions on remedy the Applicant has maintained that the situation was fabricated in some way by the Respondent to get rid of her and claims that she is the victim. This lack of acceptance of the decision of the Commission and lack of insight as to her conduct warrants a reduction of 50% on the amount of compensation. This reduces the compensation payable to $710.40 plus superannuation.
I have further taken into account that the Applicant’s employment was terminated because of her misconduct which I have found to have occurred. I make no finding whether the misconduct was serious misconduct. I do however accept that in her conduct the Applicant did endanger the welfare of a child. It was the quick reaction of other child care workers (one to catch the child as it slipped from the high chair and the other to raise the railing on the cot) that prevented any actual harm. Given the misconduct and the Applicant’s failure to take any responsibility for that conduct I have decided to impose a further reduction of 50% on account of the misconduct.
No submission was made that an order will affect the viability of the Respondent’s business. Further, I have not included any amount for shock or distress. The amount I intend to order does not exceed the compensation cap.
For the reasons given above I have decided to award the Applicant an amount of $355.20 plus 9.5% superannuation as compensation. (paras. 30-33).
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