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ABC and Political Interference

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K 



Joined: 09 Sep 2011


PostPosted: Mon Mar 04, 2019 1:26 am
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'Should be made public': ABC rebuked for secret Michelle Guthrie settlement

https://www.theage.com.au/business/companies/should-be-made-public-abc-rebuked-for-secret-michelle-guthrie-settlement-20190303-p511fg.html

"The government has put the ABC on notice that it expects the broadcaster to declare how much taxpayer's money was used to pay its thus-far confidential settlement with sacked managing director Michelle Guthrie.

In a position backed by prominent former staff and other political parties, Communications Minister Mitch Fifield said on Sunday he expected transparency on the payout given the involvement of taxpayer funds.
..."
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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
Location: In flagrante delicto

PostPosted: Wed Mar 06, 2019 6:41 pm
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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.

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Pies4shaw Leo

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Joined: 08 Oct 2007


PostPosted: Wed Mar 06, 2019 7:28 pm
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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


PostPosted: Wed Mar 06, 2019 7:36 pm
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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 Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
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PostPosted: Wed Mar 06, 2019 7:48 pm
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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.

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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
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PostPosted: Wed Mar 06, 2019 7:53 pm
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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.

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ronrat 



Joined: 22 May 2006
Location: Thailand

PostPosted: Wed Mar 06, 2019 10:22 pm
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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.
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stui magpie Gemini

Prepare for the worst, hope for the best.


Joined: 03 May 2005
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PostPosted: Wed Mar 06, 2019 10:34 pm
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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

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K 



Joined: 09 Sep 2011


PostPosted: Thu Mar 07, 2019 6:08 pm
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'When asked about this payment at the lunch, sources in attendance said she described herself as "delighted" that it had settled and said it was "never about the money" but because she believed what had happened to her was "wrong".'

https://www.theage.com.au/business/companies/not-about-money-michelle-guthrie-delighted-that-abc-case-is-over-20190307-p512f9.html

If that's an accurate quote, maybe she should donate the $1.6 million to charity.
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K 



Joined: 09 Sep 2011


PostPosted: Fri Mar 08, 2019 11:08 pm
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Does this mean it's better to be (ex-)managing director of ABC than a school teacher?

Teacher sacked after story 'prompted' student to wee in classroom bin

https://www.theage.com.au/national/victoria/teacher-sacked-after-story-prompted-student-to-wee-in-classroom-bin-20190307-p512fu.html
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David Libra

I dare you to try


Joined: 27 Jul 2003
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PostPosted: Sat Mar 09, 2019 9:20 am
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^ Jesus, who’d be a high school teacher.
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