Ms Nektaria Natoli v Anglican Community Services t/a Anglicare

Ms Nektaria Natoli, an employee of Anglican Community Services trading as Anglicare, applied for a remedy in respect of her unfair dismissal. Natoli had been employed as a supervisor at an Anglicare aged care facility. The dispute arose when Natoli sent offensive and threatening text messages and made a Facebook post in response to her partner’s damaged car, despite there being no evidence that the employee had caused the damage. Natoli admitted to sending the messages and post, which breached the organisation’s social media and bullying and harassment policies and the applicable enterprise agreement. Natoli claimed that she had not received training on the policies and that the incident was not in the heat of the moment. The Federal Circuit and Family Court of Australia was required to determine whether Natoli’s dismissal was unfair.

The court considered the seriousness of Natoli’s actions, her lack of remorse, and the absence of a history of disciplinary issues. Natoli had been employed for a long period and had received awards and commendations, but these factors did not outweigh the gravity of the allegations against her. The court noted that Natoli had not shown any contrition or offered an apology. The court found that the dismissal was not harsh, unjust, or unreasonable and dismissed Natoli’s application for an unfair dismissal remedy.

The court found that the employer had a valid reason for dismissing Natoli, and that alternative options such as mediation were not appropriate. The court also found that there were no issues of procedural unfairness and that Natoli had comparable alternative employment available to her. The seriousness of the allegations and Natoli’s lack of contrition outweighed any mitigating factors, leading the court to conclude that the dismissal was justified.