Case study: challenge to CBA’s employment termination

In Yousif v Commonwealth Bank of Australia [2010] FCAFC 8 the Federal Court Full Court rejected an appeal by a CBA mobile lender against the Federal Court’s decision not to grant her relief against the termination of her employment.

Although the Bank won, the case canvasses a range of issues including the way in which CBA dealt initially with an unhappy employee and her subsequent application for an internal transfer and an internal investigation.

The case also considers a breach of privacy by the Bank relating to the employee’s CommSec records and whether the Bank’s internal policy relating to appointments was part of the employment contract.

The case is worth reading as an example of the way things can go wrong.

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