Telstra Unfair Dismissal
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Unfair Dismissal
AIRC

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My Sword the Courage to Speak - My Shield the Truth

Key Benefits

bulletUnfair dismissal case Vogt v Telstra gives:
bulletsome background to the dismissal, 
bulletthe internal procedures, 
bulletAppeal to the Disciplinary Appeals Board (DAB), 
bulletAppeal to the Australian Industrial Relations Commission (AIRC), 
bulletand the Return to Work
bulletThis case study is intended to give a Whistleblower:
bulletInformation that YOU CAN WIN
bulletAn outline of what will be likely to occur
bulletHow to proceed with a case
bulletHelp avoid pitfalls
bulletAt the conclusion there will be comments and recommendations
bullet For Students of Industrial and Employee Relations it is hoped it will:
bulletGive insights into the struggle for justice from an employee perspective

This was a case which became a landmark. And hopefully set a precedent for others to follow

The case was intended to be conducted partly under the "implied" constitutional right of political comment as set forward initially by Chief Justice Lionel Murphy in the High Court of Australia

Until this case the general wisdom was: 

that the employee would not get reinstated as there would be too much angst on return

The most settlement that the employee would get would be 6 months pay

There would be an assessment of the percentage chance of success and there would be an offer just under this amount in which the company lawyer could justify the fee or retainer

Mervyn WAS REINSTATED

Mervyn WON 2 YEARS BACK PAY

If you want a quick summary of the case and the final result go to the AIRC Decision Page

The general schematic for this case is :

 

 

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Copyright © 2004 WhistleBlowers Assist Australia
Last modified: November 26, 2006

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Disclaimer: This publication and its associated sites is intended to inform the public and whistleblowers. Nothing contained in this website is to be taken to be a substitute for legal or professional advice. The author expressly disclaims liability to any person or entity for the consequences of anything done or omitted to be done in reliance in whole or in part of the contents of these publications.  The material contained herein is the result of observations and experience.