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When courts are considering who made a decision to dismiss or take other adverse action against an employee, and for what reasons, identifying and interrogating all decision-makers has become a "live issue", a workplace lawyer says.
This has been a key feature of general protections claims since the 2022 case of Wong v NAB, Henry William Lawyers partner Renee Kasbarian points out in a new HR Daily Premium webcast.
The decision clearly illustrates that "courts will look beyond the single person with authority to bind the corporate entity to something", she explains.
In many organisations, Kasbarian says, the people involved in these decisions typically go beyond the 'delegate' with formal authority, and include an 'initiator', a 'recommender', and an 'endorser'...
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