Australian Council Worker Wins $900,000 Payout After Being Fired Over Work Car

A former local laws officer for one of Melbourne's wealthiest councils has been awarded a $900,000 payout after being unlawfully dismissed for raising concerns about his work vehicle.

Warren Norton, 65, received the sum from the Victorian Civil and Administrative Tribunal (VCAT) after it determined he was illegally fired for complaining that the Hyundai i30 hatchback caused him neck pain and debilitating migraines.

The legal battle, which lasted two years, cost Mr. Norton $180,000 from his superannuation and inflicted significant stress on him and his wife, leading to breakdowns.

Mr. Norton had been a local laws officer for Boroondara City Council. In 2023, the council replaced his previous spacious Hyundai H1 work van with a smaller Hyundai hatchback. This change exacerbated symptoms from a 2016 workplace injury to his shoulder, according to the tribunal.

In October 2024, Mr. Norton was summoned to an informal meeting and dismissed, despite having an unblemished employment record. He reported being humiliated as he was escorted from the building in front of colleagues, with his work car and phone confiscated on the spot. He was left stranded outside the council's Camberwell headquarters, with a considerable distance to travel home.

VCAT member Anita Smith described the actions of Mr. Norton's manager, Paul Mitchelmore, as "unfathomable." The tribunal heard that Mr. Mitchelmore issued a series of show-cause letters threatening termination over a 15-month period, which Ms. Smith stated was not a genuine consultation process.

"It is unfathomable that issuing show-cause letters that threaten termination can be part of a meaningful negotiation or consultation process designed to make reasonable adjustments to keep an employee with a good performance record in employment," Ms. Smith stated. "To suggest that it is rather chilling."

Boroondara Council, which serves affluent inner-city suburbs like Hawthorn, Kew, and Balwyn, is one of Australia's most prominent local governments. The council maintained that there were no vehicles in its fleet that Mr. Norton could safely drive and that no reasonable adjustments could enable him to perform his role.

During the protracted legal dispute, Mr. Norton was unable to secure other employment, applying for 80 positions but reportedly facing age-related barriers. He estimated missing out on approximately $180,000 in salary.

The financial strain led Mr. Norton and his wife to fear losing their family home. "I never thought it would cost this much," he said. "My wife Lisa and I thought if we could at least get back what we've paid out, then it won't feel as bad."

Mr. Norton's initial injury occurred in horticulture when he worked with a faulty auger. The injury led to complex regional pain syndrome, severe pain, and subsequent liver damage requiring urgent treatment. After recovering, he transferred to the Local Laws department, a role he enjoyed.

When the council updated its fleet, Mr. Norton found the hatchback made him feel "cramped" and aggravated his chronic pain. He requested an exemption, providing medical evidence, but the council reportedly questioned his documentation and required further assessments.

After being fired, Mr. Norton's case was initially rejected by the Fair Work Commission. His legal team then took the matter to VCAT, where the council declined mediation and refused to reinstate him. VCAT ultimately ruled that the council "took insufficient steps to assist him to find a vehicle that would have made the reasonable adjustments he required" and that it was "always within their power to do so and with minimal additional cost."

"As well as lost income, he has had the indignity of living without employment for nearly two years and the loss of engagement with fellow employees and the community in a role that he loved," Ms. Smith added.

The Boroondara Council spokesperson indicated that the council was considering its options regarding an appeal and would review the judgment with its insurance company.

Mr. Norton expressed his gratitude to his former colleagues at Boroondara, who have continued to check on his well-being throughout the ordeal. He stated the payout, if finalized, would help cover lost income, legal fees, repay his superannuation, and pay off their mortgage.