Court rules long-time Monash Health employee Vivian Milonas falsified timesheets to enrich herself
A Monash Health employee who filed incorrect timesheets for six years in an effort to get more penalty rates has told a court she shouldn’t have been terminated.
South East
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A food service worker sacked for falsifying her timesheets over a six-year period has failed to legally challenge the procedure used to terminate her employment.
Vivian Milonas worked for Monash Health for 36 years until May 2013 when she was dismissed for falsifying timesheets between 2007 and 2013 and improperly enriching herself.
She was employed in the Monash Medical Centre’s food services department at the time of her dismissal.
Milonas went to County Court, alleging the manner of her termination and the investigation that led to it was both in breach of a duty of care Monash owed to her and was in breach of the terms of her employment contract.
Those breaches gave rise to a significant psychological injury, she submitted.
Judge Arushan Pillay dismissed her claim in December 2022, saying Milonas’ actions in writing timesheets for hours she did not work constituted “timesheet fraud” which was serious conduct.
Milonas worked as a food delivery assistant between 1pm and 10pm and received penalty rates after 6pm.
From October 2006, she was temporarily appointed as food services supervisor and worked between 9am and 5.30pm and did not qualify for penalty rates.
However, she continued to submit timesheets with penalty rates with the approval of food services manager Arvind Sharma.
The matter came to light after two anonymous notices were posted on a noticeboard near the kitchen that alleged corruption, bullying and malpractice in the food services department, including Milonas’ timesheet fraud.
After Milonas appealed the County Court decision, the Supreme Court this week said Judge Pillay was correct to rule Milonas had failed to establish Monash Health breached its obligations before terminating her employment.
