Childcare worker sacked while undergoing cancer treatment

Three former employees of Little Ted’s Childcare Centre in Oxley, located in Brisbane’s inner west, have taken on their former boss in the Fair Work Commission and won.

Childcare worker Gail Mercer, who was sacked while battling cancer, has been awarded compensation after the FWC condemned her employer’s “harsh and egregious” actions.

The 65-year-old was awarded 26 weeks’ wages, totalling more than $17,000 plus superannuation, after boss Reena Kapoor terminated her employment after becoming agitated Gail was using approved annual leave to have time off for a holiday, instead of using the time to undergo cancer treatment.

Kapoor subsequently instructed centre director Mellissa to draft a termination letter. 

“It stated due to my lack of availability, they were unable to employ me further,” Gail said. 

“It was a shock to the system. I had to read it several times because nothing was sinking in.”

“I was told not to mention her health because you cannot terminate somebody’s employment because of their health,” Mellissa said. 

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After Mellissa stood up to Kapoor, refusing to agree with the decision to fire a cancer patient, Mellissa was sacked too.

Making matters worse, Kapoor then told parents Mellissa had caused significant breaches that endangered their children.

In the end, Fair Work Commissioner Paula Spencer ordered Kapoor to pay $8000 in compensation to Mellissa, finding the dismissal to be unfair, based on the fact no procedurally fair process was followed, and harsh in circumstances where, after the termination, Kapoor sent damaging information to parents and guardians that may have impacted Mellissa’s ability to gain further employment.

In the case of another former employee, Anika, the trouble started after she returned from a six-week medical absence following back surgery.

She immediately noticed a shift in the workplace culture and dynamic. 

“When I returned, the staff that I know and love just didn’t seem happy. It took three days, and I wasn’t happy either,” she said.

Anika decided to resign, handing in a letter that pulled no punches: “Since the change in ownership, I have found it increasingly difficult to feel valued in my role, particularly given the ongoing reminders that staff are easily replaceable... the current atmosphere no longer aligns with my values,” the letter stated.

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Though Anika intended to work her full notice period, her phone blew up with hostile text messages from Kapoor.

One read: “For now stay away from the centre from tomorrow - if so I will take it as trespassing.”

When Anika inquired about receiving her legal entitlements, Kapoor doubled down, saying: “I don’t want you any where near my centre... Trust I will get legal support to gain extra paid hours off you.”

“I’ve had some bosses before where they do sometimes make life difficult, but this was on a whole other level,” Anika said.

Watch the full story in the video player above.