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It "defies belief" that an employer would defend a consultation process as "best practice", when it involved informing a manager of his termination during an impromptu coffee meeting in a busy street, according to a tribunal.
The "suddenness of the news imparted" to the manager was among factors that meant the employer couldn't rely on the "reasonable action" defence to his psychological injury claim, said Personal Injury Commission of New South Wales Member John Isaksen.
The Hitachi Energy Australia country tax manager ceased working in June 2023 and submitted a workers' compensation claim. He received weekly payments until February 2024, after which point the employer disputed its liability to pay on the basis that the injury was wholly or predominantly caused by its reasonable action with respect to retrenchment or dismissal...
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