Bartolo v Doutta Galla Aged Services Ltd (No 2)

In *Bartolo v Doutta Galla Aged Services Ltd (No 2)*, the County Court of Victoria considered a claim brought by Ms. Bartolo against her former employer, Doutta Galla Aged Services Ltd, alleging unlawful termination. Ms. Bartolo contended that her dismissal was a consequence of her making a protected disclosure under the *Public Interest Disclosures Act 2003* (Vic).

The central legal issue before the court was whether Ms. Bartolo's termination was materially influenced by her protected disclosure. This required the court to assess the causal connection between the disclosure and the employer's decision to dismiss her, considering the employer's stated reasons for termination and the timing and nature of the disclosure.

Judge Whelan found that the evidence established a causal link between Ms. Bartolo's protected disclosure and her subsequent dismissal. The court was not satisfied that the employer's stated reasons for termination, which related to performance issues, were the true or sole reasons for the dismissal. Instead, the court concluded that the protected disclosure was a significant factor in the employer's decision-making process, rendering the termination unlawful under the *Public Interest Disclosures Act 2003* (Vic). The court ordered that Doutta Galla Aged Services Ltd pay Ms. Bartolo damages for the unlawful termination.