Large compensation award for political discrimination
A former Queensland manager from the Douglas Shire Council has been awarded $368,033 compensation by the Queensland Civil and Administrative Tribunal following a finding that he had been discriminated against because of his political beliefs.
The employee alleged that four local Councillors had voted to terminate his employment because of their perception that he was aligned with the Council’s Mayor and that the termination was an act of political retribution. In addition, the ex-employee claimed that his de facto relationship with a high-profile environmental activist who had been a supporter of the Mayor and openly critical of the Respondents had also contributed to his termination.
Although no reason was given at the time of his termination, evidence during the hearing revealed that one of the Councillors had stated that if they needed to give him a reason, they would ‘put their heads together and find one’. The Respondent subsequently argued that the employee had been dismissed for performance reasons.
Further witness evidence also revealed that one of the Councillors had told them, when asked if they were seeking revenge for the earlier sacking of the Council’s Chief Executive, that ‘yes, you got our guy so now we are going to get yours’.
On the assessment of the evidence, QCAT found that the employee had been terminated as an act of ‘political retribution’. As such, the employee had been discriminated against on the basis of his political beliefs. The Council was found to be liable for the discriminatory conduct and ordered to pay compensation to the ex-employee. The four Councillors could not be held personally liable due to relevant provisions of the Local Government Act 2009 (Qld) and the Anti Discrimination Act 1991 (Qld).
Key Points: Employers should be aware that discrimination against an employee because of their political beliefs or associations, whether perceived or otherwise, is unlawful. Employers can also be vicariously liable for discriminatory action taken by employees against other employees.
