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

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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.

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”.

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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 PWSS 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.

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