A Gold Coast firm accused of unfair dismissal claimed the associate had “very little work to perform”, despite allegations that indicated she was contacted late into the night and began work as early as 5am.
In response to an allegation that it unfairly dismissed associate Summer Irvin, Gold Coast employment law firm TDL Law claimed publications she made to colleagues about her pregnancy and possible redundancy justified letting her go in November 2024.
A month earlier, directors Benjamin Twomey and Andrea Joyce said they discussed the firm’s declining cash flow and considered making Irvin’s position redundant because she was allegedly “the most unproductive resource” and “the most difficult to properly utilise”.
According to the defence filed with the Federal Court, Twomey and Joyce alleged Irvin was unable to work collaboratively, was too inexperienced to work without supervision, failed to follow directions, and was “rude” to supervisors and colleagues.
Despite a further claim Irvin had “very little work to perform” and could have her workload absorbed into other employees, parts of Irvin’s amended statement of claim alleged she responded to colleagues late into the night and in the early hours of the morning.
In response to a message from TDL Law’s people and culture manager about sick leave, Irvin said she “was online at 5am” to respond to a colleague and had started reviewing another colleague’s work prior to getting into the office around 8:30am.
Irvin’s statement of claim also indicated she received messages from supervisors between the hours of 9 and 11pm.
In early October, about two weeks prior to the redundancy meeting, Irvin said she requested flexible working arrangements to reduce her hours from 38 to 34, and between Monday and Thursday.
In addition to disclosing her pregnancy, Irvin claimed to have caring responsibilities for her sick father and her young daughter. TDL Law said the request was approved and offered an immediate start time.
At the redundancy meeting, Irvin alleged she pointed out to Twomey and Joyce that they had recently announced they were opening a new office in Melbourne and had been hiring new staff. She alleged the meeting was abruptly ended when she raised Fair Work.
Afterwards, Irvin alleged she was told to leave the office.
On 30 October, TDL Law sent a letter to Irvin that indicated it was considering terminating her on the grounds of serious misconduct relating to alleged publications she made to colleagues about the redundancy being linked to her pregnancy.
Irvin has sought approximately $230,000 in loss and damages, including for economic loss, loss of eligibility to receive government-paid parental leave, and for hurt, humiliation, and distress.
TDL Law has requested particulars because the damages were allegedly “inadequately particularised to allow the respondents to conduct their case and fairly defend”.
A mediation has been set down for October.
Naomi Neilson is a senior journalist with a focus on court reporting for Lawyers Weekly.
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