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K
Joined: 09 Sep 2011
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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Ironically on the ABC website.
Quote: | The ABC's former managing director, Michelle Guthrie, will receive an out-of-court settlement worth $730,000 in return for ending her legal action.
Key points:
The ABC board sacked Michelle Guthrie halfway through her five-year term
The broadcaster will pay $730,000 to settle legal action Ms Guthrie launched
Ms Guthrie was also paid more than one year's salary, separate to the settlement
Ms Guthrie was sacked halfway through her term in September last year and pursued the public broadcaster for wrongful dismissal in the Federal Court.
The matter was resolved last Friday and acting ABC managing director David Anderson revealed the $730,000 settlement at a Senate estimates hearing on Wednesday.
"The parties did start a long way apart," Mr Anderson told the committee.
"As you know, the adverse action claim was against reinstatement or, I believe, payment of the remaining term of Ms Guthrie, with two-and-a-half years left to run on her contract.
"There was toing and froing to arrive at the number I'm about to give you.
"The gross amount of that settlement claim is $730,000."
Ms Guthrie was also paid more than one year's salary when her contract was terminated, separate to the out-of-court settlement, taking the total pay out to $1.64 million. |
https://www.abc.net.au/news/2019-03-06/michelle-guthrie-gets-730000-from-abc-out-of-court-settlement/10875896
Anderson was basically forced to provide details at Senate Estimates today, despite a confidentiality agreement being in place.
She basically went for a lay down misere in taking out an adverse action claim in the federal court. Running cases in the federal court are expensive at the best of times, and since adverse action claims have a reverse onus of proof ( the respondent is effectively considered guilty unless they can prove they are not) the ABC folded.
I read elsewhere that they said the amount will be paid by their insurer (who's name I can't remember but googled today at work) which is not really any comfort as the insurer is run by the government in a self insurance arrangement, which means no matter which way you slice it, the tax payer pays for this.
I hope she enjoys the money, the chances of her getting another job are basically nil. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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Pies4shaw
pies4shaw
Joined: 08 Oct 2007
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I was reading about this a few minutes ago and thinking to myself that it seems rather peculiar that the Government would pay, in effect, over $1.6M to this woman for nothing, while single mothers are routinely failing the work test and getting cut off their benefits because of the absurd requirements. I don't think it would inaccurate to say that the sum she has apparently been paid for not continuing to work at the ABC is equivalent to about 20 years' combined household income for an average Australia household. Occasionally, I am slightly bemused by the amount of money some people get paid but at least they generally have to turn up and do the gig (whatever the gig may be) to get it. |
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K
Joined: 09 Sep 2011
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Do you think they could have made her employment contract tighter and avoided this costly mess?
Job ads often state 6- or 12-month probationary periods, but not 2-3 years and maybe not jobs at that level. |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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Pies4shaw wrote: | I was reading about this a few minutes ago and thinking to myself that it seems rather peculiar that the Government would pay, in effect, over $1.6M to this woman for nothing, while single mothers are routinely failing the work test and getting cut off their benefits because of the absurd requirements. I don't think it would inaccurate to say that the sum she has apparently been paid for not continuing to work at the ABC is equivalent to about 20 years' combined household income for an average Australia household. Occasionally, I am slightly bemused by the amount of money some people get paid but at least they generally have to turn up and do the gig (whatever the gig may be) to get it. |
Standard rick v reward scenario with big expense whether they win or lose. Law firms go the adverse action route as they know it likely leads to a settlement.
In regard to the bolded bit, the average household income is higher than $80k, but the point remains valid. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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K wrote: | Do you think they could have made her employment contract tighter and avoided this costly mess?
Job ads often state 6- or 12-month probationary periods, but not 2-3 years and maybe not jobs at that level. |
You clearly have zero understanding of employment law.
By law, a probation period doesn't work past 6 months and nothing in an employment contract can prevent an adverse action claim. A common law contract cannot over ride legislation (or an industrial instrument) to the persons detriment.
Try google. _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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ronrat
Joined: 22 May 2006 Location: Thailand
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How much of that can the ATO claw back from her. As her husband lives in Singapore maybe she can use the money to open a chain of juice bars in Brunei. _________________ Annoying opposition supporters since 1967. |
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stui magpie
Prepare for the worst, hope for the best.
Joined: 03 May 2005 Location: In flagrante delicto
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^
The ATO should be able to claw a fair chunk back, they have set but somewhat confusing rules around what they call Employee Termination Payments. The amount is well over any of their thresholds so she'll be looking at minimum 32.5% to the ATO on my guestimate _________________ Every dead body on Mt Everest was once a highly motivated person, so maybe just calm the **** down. |
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K
Joined: 09 Sep 2011
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K
Joined: 09 Sep 2011
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David
I dare you to try
Joined: 27 Jul 2003 Location: Andromeda
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^ Jesus, who’d be a high school teacher. _________________ All watched over by machines of loving grace |
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