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Disgruntled manager sacked for withholding information, not complaints
An employer has to compensate a sacked manager for breaching his contractual entitlements, but it has successfully defended his adverse action and whistleblower claims.
Three senior leaders gave "cogent and persuasive" evidence about deciding to dismiss the manager for withholding important information from the employer, Federal Circuit Court Judge Robert Cameron said, and he was satisfied this met the reverse onus of proof.
The case involved the NSW manager of property and finance for investment manager Payton Capital.
He claimed the employer and its CEO withheld a bonus he was owed and then dismissed him in June 2023 for making workplace complaints and whistleblower disclosures, in breach of the Fair Work Act and Corporations Act, respectively...
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