Jacqui Lambie (Tasmania, Jacqui Lambie Network) Share this | Hansard source

I will then. The worker became dismissive to co-workers, occasionally left the office without providing any reasons for absences and failed to take on constructive feedback to align with reasonable workplace expectations, despite multiple warnings and a performance review. When my office manager had a review with this staff member, she pointed out the late times and also asked why the staff member was painting their nails at the desk. The staff member replied that they had finished their allocated tasks, and, as far as they were concerned, any time saved was their own downtime. Oh goodness me!

My office manager did the right thing. By the way, she's about 34 weeks pregnant and she's been going through this, so you can imagine the turmoil it has had on her life over the past three or four months. She was informed by the Parliamentary Workplace Support Service, PWSS, of the next steps, which she followed. She followed every direction. The staff member resigned and sent us a nice little email and then three weeks later put in an unfair dismissal claim. Then we found out that PWSS had handed the case to Sparke Helmore Lawyers, the law firm that loves running legal cases against diggers in defence of the DVA. I am shocked that PWSS is even using this law firm, with the reputation that is behind it.

My officer's case is pretty cut and dry, and, because I am a senator, these costs will not have to be covered by me. But if I were a small business it would have cost me thousands. Most businesses in Australia are small businesses, and 98 per cent of them have a turnover of less than $2 million. They are struggling to keep their heads above water. Having to pay out thousands of dollars in potentially vexatious unfair dismissal claims is an unfair burden not just to my office but to small business.

If the government really care about small business, they need to get this sorted out. The unfair dismissal laws are broken and they have clearly gone way too far. The government needs to fix these laws, keep its promises and help Australian businesses stay in the game. It has gone so far that I am getting legal advice on the damage that has been done in my office by your fair work laws. That's where I'm right at right now. I hope the Attorney-General is listening to this, because, if small business doesn't want to take you on, I will, because the psychological damage that has gone on in my office in the last three to six months has been absolutely overbearing. Think about that.

Senate adjourned at 19:51