Sacked worker paid out after sharing image of Berejiklian with Hitler moustache

An anti-lockdown government worker who shared a picture of former NSW premier Gladys Berejiklian with a Hitler moustache has been awarded compensation over her sacking.

The NSW Industrial Relations Commission determined child protection worker Vanessa Lichi was justifiably sacked but still treated severely as her family was in a dire financial state from the pandemic.

A government worker who shared an image of former NSW premier Gladys Berejiklian with a Hitler moustache has been compensated for being harshly dismissed.Credit: James Brickwood

On the same day, the industrial arbiter also ruled against NSW Police as it tried to have an unfair dismissal claim thrown out, finding one of its employees had been forced to resign – rather than choosing to – due to its vaccine mandate policy.

Ms Lichi, who worked in Sydney for the NSW Department of Communities and Justice, was fired after attending a so-called Freedom Rally near the city in July 2021, in breach of public health orders at the time. In disputing her dismissal, she referenced statements from United Australia Party leader Craig Kelly about the legality of such orders.

She was also accused of publishing on her Facebook page “several posts which are highly derogatory towards the decisions of the NSW government around the actions taken regarding the COVID-19”.

NSW Industrial Relations Commissioner John Murphy said in his decision earlier this month Ms Lichi was shown a number of images from her Facebook page, including one of Ms Berejiklian – the premier at the time – with a Hitler moustache on her face.

Police swarm Broadway near Sydney’s CBD to arrest anti-lockdown protesters at a rally in August.Credit: James Brickwood

It was also juxtaposed next to an image of Hitler, and above the two images were the words “IF IT FITS WEAR IT”.

Another image provided to the applicant contained the words “by the end of August the military will be knocking on your door if you haven’t had a jab or they will take your kids off you! Wake the fk up Australia!”

Ms Lichi said she didn’t create the meme of Ms Berejiklian, and, in posting it, wasn’t referring to the NSW premier specifically, but “to my experiences and interpretation of what is happening in a personal way”.

“The post was not meant in humour but as an expression of how I was feeling imprisoned at the time,” she said.

United Australia Party MP Craig Kelly with anti-vaccine mandate protesters outside Parliament in February.Credit: Brook Mitchell

Of the other image, Ms Lichi said she meant no disrespect to her colleagues and she was not referring to child protection officers.

She said her partner’s job had been affected by the pandemic and they were concerned about their ability to afford to bring a child into the world.

“As a consequence, the applicant had to return to work earlier than she had hoped from maternity leave, to reduce some of the financial burden on the family,” Mr Murphy said.

Ms Lichi also told of her mother’s traumatic experiences as a Polish Jew fleeing Argentina due to government corruption, as well as them being cut off from her support due to public health orders.

She said that while at the rally, she did not speak to anyone but her partner, didn’t advertise her employment and complied with move-on directions from police.

“I have seen different and confusing statements on social media, including statements from elected officials like my local MP, Craig Kelly, about whether public health orders are lawful and whether it is lawful to not comply with them,” she also said.

Mr Murphy said Ms Lichi’s sacking, due to her attendance at the rally and the social media posts, was neither unjust nor unreasonable.

However, “at the time of, and immediately following, her dismissal, [Ms Lichi] and her family were facing dire financial circumstances, which would not generally have been the case in pre-pandemic times”.

Due to a confluence of factors, including the birth of her daughter in mid-2020, the onset of post-natal depression, and the financial difficulties the family found itself in, Mr Murphy found the dismissal had been harsh and ordered Ms Lichi be compensated 12 weeks’ pay.

In another decision, Mr Murphy refused a bid by NSW Police to have former employee Moana Danger’s claims for unfair dismissal struck out after she resigned following being stood down without pay over the force’s vaccine mandate.

In her resignation letter, Ms Danger accused the force of “keeping my employment in a state of limbo for reasons that have not been communicated, in addition to standing me down without pay”.

“I’d like to again remind you of the impact the decision to stand me down without pay and answers has had on my mental wellbeing, psychological and physical health and financial situation,” she said.

Mr Murphy said the real initiator of the termination was the police in providing contradictory directions to employees to show their immunisation histories, and standing her down without pay while her grievance was being assessed.

“I am persuaded that the applicant had no other choice other than to tender her resignation,” he said.

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