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Allegations that prompted the sacking of a complaining employee were "based on flimsy foundations" and caused her mental harm, the Federal Court has ruled in awarding her $382k in compensation and penalties.

Justice Yaseen Shariff found the employee suffered hurt and humiliation due to being deprived of the "fundamental right" to enjoy a workplace free from discrimination and retaliation, following complaints she made about her colleagues.

In January 2020, St Basil's Homes dismissed the registered nurse, who worked at its Lakemba aged care facility, on the basis she had failed to provide the necessary care to residents.

In her adverse action claim, the employee said the real reason she was sacked was because she'd complained about: colleagues not appropriately caring for residents; the close relationships between her Filipino colleagues; and their discriminatory and bullying behaviour towards her because she was Chinese.

Before Justice David Rares, the employee claimed she was informed the facility's general manager had "escalated" her concerns and she was then invited to a meeting. At that meeting, however, she was told her issues had been addressed earlier in the year, and she was instead accused of failing to transfer a resident to hospital...