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Introduction
The City of Greater Bendigo unlawfully dismissed 86-year-old school crossing supervisor Mavis Rofe after relying on a disputed medical report about her knee injury, the Fair Work Commission has ruled. Ms. Rofe, a 12-year veteran praised for her dedication, was awarded $2,400 compensation for the “harsh and procedurally unfair” termination that left her mentally and physically devastated.
Case Background
In March 2023, Ms. Rofe jarred her knee while working at St Therese’s Primary School in Kennington. Despite her physiotherapist clearing her to return, the council’s insurer commissioned a conflicting medical assessment deeming her unfit. The council terminated her in April 2023 without providing the report or allowing her to respond, forcing Ms. Rofe to file a Freedom of Information request to obtain it.
Legal Proceedings
Fair Work Commissioner Susie Allison ruled the dismissal “procedurally unfair,” citing the council’s failure to:
Disclose the insurer’s medical report before termination.
Provide Ms. Rofe an opportunity to challenge the findings.
Follow basic procedural fairness under the Fair Work Act 2009.
While acknowledging the council had valid safety concerns, Commissioner Allison condemned its handling as “incredible” and “harsh,” given Ms. Rofe’s age and community standing.
Community and Legal Impact
Ms. Rofe’s pro bono lawyer, Georgia Walker, called the dismissal “deplorable,” noting the job provided her client purpose and social connection. The ruling underscores systemic issues in how aging workers are treated, with Commissioner Allison stating, “Respect and transparency are non-negotiable, regardless of age.”
Council’s Response
The City of Greater Bendigo accepted the ruling but defended its actions in a statement, claiming it provided financial support and “equitable procedures.” Commissioner Allison acknowledged the council covered Ms. Rofe’s wages during her absence but emphasized this did not excuse procedural failures.
Conclusion
The case sets a precedent for age-related workplace fairness, highlighting the vulnerability of older workers to opaque dismissal processes. Ms. Rofe, now retired due to unrelated injuries, hopes her fight ensures others “get a fair go.”