An employee at one of Melbourne’s richest councils has secured a $900,000 payout after being directed to use a hatchback that he said caused headaches and neck pain.
Warren Norton, 65, received the award from the Victorian Civil and Administrative Tribunal (VCAT), which found he had been unlawfully dismissed after raising concerns about the Hyundai i30.
The dispute led to a two-year legal fight that cost Mr Norton $180,000 from his superannuation and, he said, left both him and his wife suffering breakdowns under the strain.
Mr Norton worked as a local laws officer for Boroondara City Council, which replaced his roomy Hyundai H1 work van with the smaller Hyundai hatchback in 2023.
The tribunal heard that the vehicle change brought on severe migraines and neck pain linked to a workplace injury he sustained in 2016.
Mr Norton told the Daily Mail he was called into what was described as an ‘informal’ meeting in October 2024, where he was abruptly dismissed despite having an unblemished employment record.
He said he was then humiliated as he was escorted from the building in view of former colleagues.
Council managers required him to immediately hand over his work vehicle and phone, leaving him outside the council’s Camberwell headquarters, about 40 minutes from his home in Croydon Hills.
Warren Norton has been awarded more than $900,000 after being illegally sacked
‘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.
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.
‘I took a gamble in fighting this, because you don’t know what the outcome will be. And the stress of it has been horrendous,’ he said.
‘But I’m unfortunately one of those people who want to fight for what’s right.’
The stoush ended up in front of VCAT where the council was given a dressing down by member Anita Smith.
She described the actions of Mr Norton’s manager Paul Mitchelmore against a loyal employee as ‘unfathomable’.
Mr Mitchelmore issued a series of show-cause letters threatening termination of employment throughout a 15-month process.
He said council ‘considered that there were no vehicles in its fleet that [Mr Norton] could safely drive’.
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’
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.
‘To suggest that it is rather chilling.’
Despite the VCAT victory, Mr Norton told the Daily Mail he still feared the council would escalate the matter to the Victorian Supreme 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.
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.
‘I think I never got those jobs because I am 66 this year,’ he said. ‘I applied a couple of times at [neighbouring] Stonnington Council and I couldn’t even get an interview.’
He and his wife feared they would lose their family home because they were unable to pay the mortgage without his income.
‘I never thought it would cost this much,’ he said. ‘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.
VCAT member Anita Smith described the council’s actions as ‘unfathomable’
‘I just did this because I felt discriminated against over something I hadn’t done.’
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.
He tore a tendon from his shoulder which developed into complex regional pain syndrome.
‘I was virtually not sleeping, I could hardly breathe, and it destroyed me,’ he said.
After taking painkillers to manage the condition ahead of surgery, a blood test revealed his liver was damaged.
He was told by doctors that his liver was failing and his body was shutting down, but he eventually received treatment just in 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.
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.
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.
‘I had one for about ten days and all I said was I felt crowded [in the car]. I never refused to drive it,’ he said.
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.
Instead of accommodating Mr Norton’s workplace disability, the council demanded he undergo a series of assessments and questioned his medical evidence.
After he was fired, Mr Norton went to the Fair Work Commission, who refused to hear his case.
‘It was never about the money, I told Fair Work I just wanted my job back at the time,’ he said.
He then enlisted Kelly Workplace Lawyers who took the case to VCAT, where the council refused mediation and would not give Mr Norton his job back.
‘It was wasting more time, and they were dragging things out,’ he added. ‘The cost was going up and I think they thought they’d last me out.’
The tribunal said Mr Norton suffered the indignity of living without employment
VCAT ruled that Mr Norton could have performed his role, and that council ‘took insufficient steps to assist him to find a vehicle that would have made the reasonable adjustments he required’.
Ms Smith said it was ‘always within their power to do so and with minimal additional cost’.
“As well as lost income, he has had the indignity of living without employment for nearly two years and the loss of engagement with fellow employees and the community in a role that he loved,’ she said.
Mr Norton said the whole ordeal caused immense stress not just on himself, but his wife.
‘Some nights we would just cry, we both broke down,’ he said, and vowed they would ‘pick themselves back up again’ with the help of their lawyers.
‘I think it’s been harder for my wife than it has for me. I could see it was hurting her,’ Mr Norton said.
If the matter ends with the VCAT decision, Mr and Mrs Norton plan to use the ‘gobsmacking’ payout to make up for the lost income, legal fees and repay his superannuation, as well as paying off their mortgage.
‘In this economy, it disappears very quickly,’ he said.
Mr Norton paid tribute to his colleagues at Boroondara, who have regularly checked up on him throughout his ordeal.
The council denied discriminating against Mr Norton, stating there were no reasonable adjustments that could enable Mr Norton to perform the ‘genuine and reasonable requirements of his role’.
A council spokesperson told the Herald Sun said it was considering its options about an appeal, and would review the judgement and discuss with its insurance company.
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