Former Woolworths exec Miwah Van has launched a class action. We’re taking on the discrimination and adverse action lawsuit under the Fair Work Act. Her allegations come from the underbelly of the supermarket behemoth where she was employed. All that changed dramatically with her cancer diagnosis in March 2022. Van started with Woolworths in September 2019. Since then, she has faced increasing pressures, such as extended hours of work and a sense of lack of support from top management.
Van argues that upon receiving her cancer diagnosis, she was relieved of high-profile duties she had once enjoyed in the firm. She says she worked as much as 115 hours/week even while receiving treatment. In reality, she sometimes only slept one to two hours a night. Her allegations highlight a deeply disturbing culture of silence and retribution among top executives. CEO Brad Banducci reportedly brushed aside her concerns over the massive and increasing workload, as well as the impact it was having on her health.
Challenges Faced After Cancer Diagnosis
Van’s cancer diagnosis became an important turning point in her career with Woolworths. After this nightmare of an experience, she was all of a sudden treated differently by her peers and upper management. She ceded key positions that were prior to her purview. That left her wondering about the intentions of those changes.
In a statement reflecting her feelings during this tumultuous period, Van asked, “What’s really changed? Is it because I have cancer?”
This brief statement demonstrates the emotional, personal, and professional pitfalls she faced along her journey. She fought to manage her health crisis alongside the pressures of her job.
Van’s health the cause of awkwardness Banducci is said to have admitted that, “We are all a bit awkward about it.” Even this acknowledgement, Van felt, did not go far enough to address the pressure she felt in doing her job.
Workload and Performance Review Discrepancies
Her allegations further expose the disturbing culture of overload for Van during her treatment, where she was expected to work more than 115 hours a week. Even with these efforts, she was still faced with pressure to deliver on the performance side. Jane Danzinger, Van’s direct supervisor, lowered her performance rating from the high-achieve to achieve level and expressed concern that Van was too focused on work-life balance.
Van contends, and we agree, that this decision was discriminatory and related to the long hours she was forced to work while fighting cancer. She staunchly communicated her frustration at the downgrade, indicating that it was made without regard to her situation.
“My surprise and shock was due to the expectations that have been created through representations made to me over an extended period that clearly indicated I was considered to be the natural successor to the role,” Van stated.
This shift in their period of evaluation had an extraordinary impact on Van’s career. It took an emotional toll, too, compounding her daily stress in a particularly difficult period.
Allegations of Financial Mismanagement
Van alleges that Woolworths exceeded a self-imposed spending cap when they contracted with Adaptovate. She is critical of her annual performance assessments and work schedule. Rather than staying under a $5 million cap, she alleges that the company exceeded the amount without justification, spending $13.5 million. This outrageous claim begs many questions regarding the center’s lack of financial governance. It further argues that the mismanagement may indicate more systemic problems.
The complaint alleges that Banducci retaliated against her for raising concerns by firing other executives. He called those worries “nutty” and argued they did not “paint her in a positive light.” This denial is a perfect example of the knee-jerk, dismissive attitude that Van faced from senior leadership upon raising legitimate concerns about her workload and lack of resources.
Since April 2024, Van has been on a leave of absence from Woolworths. Payton says she is now prioritizing her health and addressing the ramifications of having worked there. She wants to see all those responsible held accountable in her lawsuit. She recounts the things done to her that she alleges were discriminatory against her diagnosed health conditions.
