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A worker at one of Melbourne's wealthiest councils has won a $900,000 payout after he was ordered to drive a hatchback which gave him headaches and neck pain.
Warren Norton, 65, was awarded the sum by the Victorian Civil and Administrative Tribunal (VCAT) after it found he was illegally sacked for complaining about the Hyundai i30.
It sparked a two-year legal battle that cost Mr Norton $180,000, taken from his superannuation, and caused him and his wife to suffer breakdowns from the stress.
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him → see → stress
Mr Norton was a local laws officer for Boroondara City Council which swapped his spacious Hyundai H1 work van for the smaller Hyundai hatchback in 2023.
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which → swap → 2023
The move triggered debilitating migraines and neck pain from an earlier 2016 workplace injury, the tribunal heard.
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tribunal → trigger → injury
Mr Norton told the Daily Mail he was summoned for an 'informal' meeting in October 2024 and was unceremoniously fired, despite an unblemished employee record.
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he → tell → record
He said he was then humiliated by being marched from the building in front of his former colleagues.
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he → say → colleagues
Council bosses made him give back his work car and phone on the spot, and left him stranded on the street outside the Camberwell HQ, 40 minutes from his Croydon Hills home.
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him → make → home
Warren Norton has been awarded more than $900,000 after being illegally sacked
'
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Norton → award → 900,000
I had to go up to one of the parking guys to borrow his phone to call my wife, so she could sort me an Uber,' Mr Norton said.
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Norton → have → Uber
Boroondara covers wealthy inner-city suburbs including Hawthorn, Kew and Balwyn and is one of the most powerful local governments in Australia.
But Mr Norton refused to take the sacking from a job he loved lying down.
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he → cover → job
'I took a gamble in fighting this, because you don't know what the outcome will be.
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outcome → take → this
And the stress of it has been horrendous,' he said.
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he → say → it
'But I'm unfortunately one of those people who want to fight for what's right.'
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what → want → people
The stoush ended up in front of VCAT where the council was given a dressing down by member Anita Smith.
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council → end → Smith
She described the actions of Mr Norton's manager Paul Mitchelmore against a loyal employee as 'unfathomable'.
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She → describe → employee
Mr Mitchelmore issued a series of show-cause letters threatening termination of employment throughout a 15-month process.
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Mitchelmore → issue → process
He said council 'considered that there were no vehicles in its fleet that [Mr Norton] could safely drive'.
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Norton → say → [
Mr Norton drove a Hyundai van as part of his work, but the council swapped to a new fleet
He was then forced to drive a hatchback, in which he felt 'cramped'
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he → drive → which
Ms Smith said: 'It is unfathomable that issuing show-cause letters that threaten termination can be part of a meaningful negotiation or consultation process designed to make reasonable adjustments to keep an employee with a good performance record in employment.
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that → say → employment
'To suggest that it is rather chilling.'
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it → suggest → ?
Despite the VCAT victory, Mr Norton told the Daily Mail he still feared the council would escalate the matter to the Victorian Supreme Court.
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council → tell → Court
'I won't believe it until the money lands in my bank account,' he said, adding that he was 'shocked' by the near $1million payout awarded to him by VCAT.
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he → believe → VCAT
During the two-year legal battle, Mr Norton was unable to find work at other councils – despite applying for 80 other jobs – and missed out on around $180,000 in salary.
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Norton → find → salary
'I think I never got those jobs because I am 66 this year,' he said.
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he → think → jobs
'I applied a couple of times at [neighbouring] Stonnington Council and I couldn't even get an interview.'
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I → apply → interview
He and his wife feared they would lose their family home because they were unable to pay the mortgage without his income.
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they → fear → income
'I never thought it would cost this much,' he said.
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he → think → much
'My wife Lisa and I thought if we could at least get back what we've paid out, then it won't feel as bad.
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it → think → what
VCAT member Anita Smith described the council's actions as 'unfathomable'
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Smith → describe → actions
'I just did this because I felt discriminated against over something I hadn't done.'
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I → do → something
Mr Norton had previously worked in horticulture for Boroondara, when he suffered an accident while working with an auger he didn't know was faulty.
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he → work → auger
He tore a tendon from his shoulder which developed into complex regional pain syndrome.
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which → tear → syndrome
'I was virtually not sleeping, I could hardly breathe, and it destroyed me,' he said.
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he → sleep → me
After taking painkillers to manage the condition ahead of surgery, a blood test revealed his liver was damaged.
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liver → take → surgery
He was told by doctors that his liver was failing and his body was shutting down, but he eventually received treatment just in time.
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he → tell → time
Once back at work, Mr Norton was later transferred to the Local Laws department, where he mediated issues with residents which he grew to love, he said.
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he → transfer → which
At first, he drove a spacious Hyundai van, which gave him enough space to manage his long-term injury and also accommodated for his broad-shouldered, 180cm frame.
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which → drive → frame
Mr Norton needed a car to accommodate his broad frame and shoulder injury requirements
Boroondara Council is among Australia's wealthiest local governments
When the council updated its fleet and moved its local laws workers into hatchbacks, Mr Norton said he felt 'cramped' and suffered a resurgence in his pain.
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he → need → pain
'I had one for about ten days and all I said was I felt crowded [in the car].
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I → have → car
I never refused to drive it,' he said.
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he → refuse → it
He requested an exemption from driving the hatchback, and provided medical evidence of ongoing chronic symptoms relating to his injured shoulder that was exacerbated by the smaller vehicle.
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that → request → vehicle
…and 16 more, not listed.
The Aporia
