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$1.44m damages reinstated for employee sacked in "sham" process
The High Court has restored a $1.44 million damages award to an employee who had a "catastrophic" reaction to his misconduct dismissal, with the majority ruling that when the employer didn't follow its disciplinary policy, it breached the worker's contract.
According to King & Wood Mallesons' senior consultant Brett Feltham, the ruling highlights that: "As has been the case for some time, employers need to carefully consider whether any of their policies or procedures dealing with disciplinary processes or termination decisions are contractually binding on them, and if so, they must comply with those policies and procedures."
The case involved an adaptive technology consultant who was diagnosed with a major depressive order after being sacked for alleged serious misconduct by Vision Australia in 2015...
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