The case is before the Federal Circuit and Family Court and is currently awaiting mediation.
The firm summarily dismissed her, claiming there were ongoing issues with poor performance. It also claimed she had repudiated her employment contract by requesting increased remuneration.
The woman had assumed the role of partner after another law she worked for had merged with the firm. It allegedly told her that "you did not regard yourself as bound by the terms of the remuneration agreement negotiated and made demands that the basis of your remuneration be altered". Therefore, it “accepted” her “repudiation” of the contract.
It also claimed she owed the firm $30,000 due to having made an overpayment. The firm made advance payments to her monthly, but claimed she was not bringing in enough revenue to cover those payments.
In turn, the woman has lodged a claim against the law firm and eight of its partners. The claim alleges both discrimination (she is female, Chinese and aged over 60) and adverse action (because she had made numerous previous complaints about her employment arrangements).
She is claiming that when the firm reduced salaries by 20% in 2020, it reduced hers unilaterally but other partners were required to sign their agreement to it. When their salaries were later restored, hers was not, and a further reduction of it was made in 2021.
Dispute over employment status
The woman claimed that the terms and conditions of her employment were those of an employee, but she did not receive holiday pay or superannuation and had to pay her own tax. Nor was she covered for workers compensation. She complained about this to the firm, providing it with information from the Fair Work Ombudsman about independent contractors and sham contracting, and at the same time alleging discrimination and bullying.
When she made further complaints about seven months later, the law firm dismissed her without notice or any prior discussion. At the time, it referred to previous meetings that had discussed her job performance.
She claims that the firm misrepresented her employment status by treating her as an independent contractor, and therefore failed to pay her full agreed salary plus other employment entitlements.
Components of claim
The woman is claiming the following compensation, totalling almost $2 million:
- $1.5 million to cover economic loss up to retirement date
- $32,000 to cover salary reductions
- $173,000 to cover unpaid commissions
- $60,000 for damages to professional reputation
- $100,000 for “stress, anxiety and dislocation of life”
- $126,000 for other losses and damages.
