“Why would we let a middle-aged woman drive a car with lights and sirens

Maurice Blackburn Lawyers

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Leading workplace law firm Maurice Blackburn Lawyers has lodged a Federal Circuit Court Statement of Claim on behalf of an Ambulance Victoria senior female employee who claims that she was systematically discriminated against and denied the conditions given to her male colleagues and then forced out after complaining about sexism.

Tracey Tobias was employed by Ambulance Victoria in December 2018 as the Director of Complex Care, a senior position responsible for the management of Adult Retrieval, Air Ambulance and Victoria Stroke Telemedicine.

Until 2021, Ms Tobias was the only woman to hold any of Ambulance Victoria’s seven Clinical Operations director positions.

Ms Tobias is now suing AV, after being denied the same benefits and conditions as her male colleagues. Throughout her employment, Ms Tobias was:

  • Denied an office space while her six male colleagues of equal seniority each had their own office. Ms Tobias was left to work out of her car on various occasions.
  • Denied the same dedicated support personnel enjoyed by her male peer directors, despite having equivalent compliance responsibilities and administrative requirements.
  • Denied access to the same advantageous lease arrangements for work cars that other male directors were offered.
  • Denied permission to wear an Ambulance Victoria uniform. Her male colleagues were allowed to wear a uniform.

Ms Tobias was further subjected to sexist and patronising comments in her everyday working life. Ms Tobias was regularly told by her male superiors that they were ‘protecting’ her, and when she raised legitimate operational concerns, male superiors questioned Ms Tobias’ welfare. In May 2019 Ms Tobias complained to her boss, Executive Director Michael Stephenson, about being the only Clinical Operations director without access to operational vehicle lease arrangements. According to a Statement of Claim lodged last week with the Federal Circuit Court, Mr Stephenson replied: “Why would we let a middle-aged woman drive a car with lights and sirens?”

After Ms Tobias complained about sexism in the workplace and other issues such as AV’s contentious 2018 Operations Review, Ms Tobias was excluded from key operational processes, isolated from her leadership group, and eventually forced out of the organisation.

“This toxic workplace has robbed me of the last three years of what has been a very successful career. The boys club has to stop,” Ms Tobias said.

“From the patient care interface to senior management, women experience treatment which is paternalistic, over protective, and belittling. Strong women like myself don’t stand a chance in this organisation. My professional confidence has been shattered by the treatment I’ve experienced”

Maurice Blackburn Principal Josh Bornstein said that the court claim alleges that Ambulance Victoria had breached the Fair Work Act by retaliating against Ms Tobias, including by not renewing her contract, for making complaints about sexism and because she expressed her strong conviction that women were entitled to equal treatment.

“Our client has been punished for calling out Ambulance Victoria’s discriminatory workplace culture. The court claims raise questions about what is happening at the very top of AV’s senior leadership structures. Our client is seeking compensation and the imposition of penalties in this case.”

Ms Tobias is seeking damages for the significant impact of AV’s conduct. That impact includes the loss of income, health problems including depression, impact on family relationships and the loss of professional self-confidence. She is also seeking a declaration that Ambulance Victoria breached the Fair Work Act by taking adverse action against her.

/Public Release.