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An employer that failed to take any steps to review its procedures after a court found it engaged in unlawful adverse action has been ordered to pay an employee $30k in compensation and penalties.

It was, "on one level", understandable that the employer believed it had nothing to reflect on, given its view that its contravention was based on a decision-maker "technicality", Federal Circuit Court Judge Catherine Symons noted.

But she found its failure to revisit its procedures and to consider "what, if anything, might be done differently or improved in the future" indicated there was "a modest need for specific deterrence" when determining penalty.

The case involved an aged care nurse practitioner employed by Alfred Health in its mobile assessment and treatment service. She ceased work in late 2018, and successfully sought workers' compensation for a psychological injury, which she claimed was caused by workplace bullying and a supervisor's failure to properly manage colleagues' behaviour...