Mrs Angelika Adamopoulos v Thompson Healthcare Pty Ltd t/a Thompson Health Care

Mrs Angelika Adamopoulos, Director of Nursing at Abbey House, an aged care facility operated by Thompson Health Care, was dismissed on 10 February 2017 on the basis of alleged serious misconduct, poor performance, and failure in duty of care to residents. Mrs Adamopoulos applied to the Fair Work Commission (FWC) for an unfair dismissal remedy. The Commission found that the dismissal was harsh, unjust, and unreasonable. The Commission held that the evidence did not support the allegations of misconduct, poor performance, or failure in duty of care. Furthermore, the process leading to the dismissal was procedurally unfair, as Mrs Adamopoulos was not provided with a reasonable opportunity to respond to the allegations. The Commission found that there was no valid reason for the dismissal, and as a result, ordered compensation in the amount of $69,450, plus 9.5% superannuation, to be paid to Mrs Adamopoulos within 21 days of the decision. The Fair Work Act 2009 was the governing legislation in this case.