Lambie hit with unfair dismissal case from staff member reprimanded over nail painting

Senator Jacqui Lambie’s office has lost a wrongful dismissal case brought by a member of her staff that started with a series of performance complaints, including that the employee was painting their nails on work time.

Lambie revealed the matter under parliamentary privilege in the Senate on Wednesday night in a speech arguing small businesses were being stymied by red tape and vexatious legal claims.

Senator Jacqui Lambie said her office has been psychologically scarred by the unfair dismissal case.Credit: Alex Ellinghausen

In her speech, Lambie said the staff member initially worked hard but began turning up late, had performance issues and painted their nails at their desk. “We took them off probation and what do you know, that person begins showing up late for work, 22 times in a matter of weeks,” Lambie said.

After Senate president Sue Lines cautioned Lambie about whether it was proper to discuss an individual staffer in the Senate, Lambie said she had taken legal advice and continued. She said the employee had been warned and her office manager had a meeting with the staff member in which the manager asked the employee about the issues. The employee allegedly responded by saying they had finished their allocated tasks and was doing their nails in “downtime”.

Lambie’s office manager consulted with parliament’s human resources watchdog on how to handle the situation, the senator said, and followed the agency’s advice.

But, Lambie said, “the staff member resigned, sent us all a nice email and then three weeks later put in an unfair dismissal claim.”

“And then we found out that PWSS had handed the case to Sparke Helmore lawyers … I am shocked that the PWSS (Parliamentary Workplace Support Service) is even using this law firm with the reputation behind them – my office’s case is pretty cut and dried because I am a senator – these costs won’t be covered by me.”

A source close to Lambie confirmed that the Commonwealth, which handles workplace matters for members of parliament, had lost the case and paid an unknown sum to the dismissed employee.

“Small businesses are being smothered by red tape – and unfair dismissal laws are one of the worst offenders,” Lambie said. Small businesses in Australia do not have to comply with the same strict unfair dismissal rules as larger employers but do have to comply with a code when they fire employees.

She said her office had suffered “psychological damage” that was “overbearing”.

Defence Minister Richard Marles’ chief of staff Jo Tarnawsky revealed in October last year she was effectively ousted from her job after seeking help over alleged bullying and claimed the human resources body engaged lawyers to deal with her.

The human resources body defended its legal practices in response to questions on notice from Senate estimates in November.

“The PWSS, like all human resources areas, has established internal procedures and practices so that we deal fairly and impartially with matters that we assist with,” the answer said.

“This includes working with all parties independently to resolve workplace disputes.”

The support service also denied there were any cases in which it contracted the services of an external legal provider on behalf of a party.

“External legal providers are engaged by the PWSS to act on behalf of the Commonwealth and do not act for any individual parties to a complaint,” it said.

The PWSS was contacted for comment.

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