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ARTICLE · 02 OCTOBER 2024

Market Intelligence Thought Leadership Award Winner

Employer vindicated for reasonable management action done reasonably

Bartier Perry Solicitors
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Reminder to be fair but firm when dealing with querulent and vindictive serial workplace complainers.

AustraliaEmployment and HR
Darren Gardner
Darren Gardner
Andrew Yahl
Andrew Yahl
Hannah Lawson
Hannah Lawson
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When extreme patience, kindness and truth defeats a thousand lies

Omila Bir v Secretary, Ministry of Health [2024] NSWCATAD 178

Bartier Perry successfully defended the NSW Health Secretary in a long running dispute caused by a Head of Department and union delegate at Western Sydney Local Health District (WSLHD). The case was reportedly one of the longest, if not the longest, discrimination trial before the NSW Civil and Administrative Tribunal (Tribunal).

Ms Omila Bir, former Department Head of Occupational Therapy at Cumberland Hospital had a sorry history of being combative and unpleasant towards those she called 'management'. She often did so with false accusations of race discrimination and victimisation repeatedly over the years with successive different managers. Ms Bir was also the frequent subject of complaints made by her colleagues (which resulted in audits and investigation) because of Ms Bir's frequent absences, poor time and attendance,

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