The Fair Work Commission has ruled against an HR administrator who made unfounded claims of being promoted to HR manager. 

The commission dismissed her general protections claim after finding she had elevated herself to the position and then accused her employer of repudiating her contract when it asked her to revert to her original title.

The HR administrator initially joined Diamond Valley Pork through a labour-hire company called Adecco before being directly employed in the same role.

She claimed the company had promoted her to HR manager but later terminated her contract when she requested a pay increase.

During a meeting, the general manager asked her to revert her email signature to “HR administrator” to align it with her employment contract. Additionally, he informed her that she would now report to him. Subsequently, the HR administrator went on leave, and her legal representatives alleged the company had taken adverse action against her and repudiated her contract.    

In response, Diamond Valley Pork claimed it was the administrator who had repudiated her contract, and they accepted her repudiation. This led the administrator to file a general protections claim.

The company disputed the administrator’s claims, asserting that they had not dismissed her from her role. 

FWC Commissioner Leigh Johns examined the evidence presented, which included the administrator’s email signature, an organisational chart she created showing her as the HR manager, and statements from other employees referring to her as such.

Commissioner Johns determined that the HR administrator had promoted herself by using the HR manager title on various documents and her email signature. 

He found insufficient evidence to support the existence of an agreement between the administrator and Diamond Valley Pork regarding her promotion to HR manager. 

The commissioner also noted that the administrator’s actions displayed “delusions of grandeur” as there was little evidence to demonstrate she performed the higher-level duties associated with an HR manager.

The FWC found a mere title did not define a position, emphasising that despite being referred to as “HR manager” by others, the HR administrator’s self-proclaimed promotion did not hold true. 

The commissioner concluded there was no HR manager contract between the administrator and Diamond Valley Pork. Furthermore, he determined that the general manager was within his rights to reaffirm the administrator’s title and responsibilities. 

He also highlighted that the administrator’s own contract explicitly allowed the company to modify her position, title, responsibilities, and reporting lines at its discretion.

“I am not satisfied that the [worker] was dismissed as alleged,” commissioner Johns said.

The FWC dismissed the administrator’s general protections claim, as there was no evidence of a promotion, repudiation of a contract, or termination of a contract by the employer.

Read the judgment

Ms Kristine McCormack v Diamond Valley Pork Pty Ltd [2023] FWC 785 (7 June 2023)