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Category Archives: Restructuring & Redundancies

Incorporating policies into employment contract costs employer $3 million

An employer’s unwitting error in incorporating its policies, including a redundancy policy, into a Chief Executive’s employment contract resulted in a significant financial windfall for the redundant Chief Executive. Interestingly, the ‘Global Markets Head’ of the same business tried to establish a similar claim; however it was found that he was not made redundant, but…

High Court Rules: No implied term of mutual trust and confidence

The High Court of Australia has overturned the Full Court of the Federal Court of Australia find that there is no implied duty of trust and confidence in Australian employment contracts. A recap on the facts Mr Barker had been employed with CBA for approximately 28 years.  During this time he had risen to the…

Parental leave redundancy not discriminatory

Justice White of the Federal Court has held that an employer who had made an employee redundant whilst on parental leave had not discriminated against the employee. The employee was employed in the position of Marketing Manager. Whilst the employee was on parental leave, the employer proceeded to make the position redundant. In considering whether…

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