Murphy v Westpac Banking Corporation [2014] FCA 1104

FEDERAL COURT OF AUSTRALIA

Murphy v Westpac Banking Corporation [2014] FCA 1104 Citation: Murphy v Westpac Banking Corporation [2014] FCA 1104

Parties: LOUISE MURPHY v WESTPAC BANKING CORPORATION STUART MOORE v WESTPAC BANKING CORPORATION DANIELLE LAVARS v WESTPAC BANKING CORPORATION COREY WITTENBERG v WESTPAC BANKING CORPORATION WILLIAM LAWSON v WESTPAC BANKING CORPORATION LUCKY POULOS v WESTPAC BANKING CORPORATION PAUL SMITH v WESTPAC BANKING CORPORATION

File number(s): NSD 1157 of 2009, NSD 384 of 2010, NSD 31 of 2010, NSD 90 of 2010, NSD 690 of 2010, NSD 1980 of 2011, NSD 1839 of 2011

Judge: GRIFFITHS J

Date of judgment: 14 October 2014

Catchwords: CONTRACTS - contracts of employment - misleading or deceptive conduct - ss 52 and 53B of Trade Practices Act 1974 (Cth) - retention incentive scheme - whether employer disclosed true nature of scheme to employees - whether alleged non-disclosure of scheme amounted to deceit or negligence on part of employer - whether employee enjoyed contractual rights to bonus or incentive - relevance of discretion to award bonus or incentive - whether implied term that such discretion cannot be exercised capriciously, arbitrarily or unreasonably - whether withholding of incentives from employees a discretion so exercised - whether implied term of mutual trust and confidence - application of Commonwealth Bank of Australia v Barker [2014] HCA 32; (2014) 88 ALJR 84 - whether scheme induced employees not to seek alternative employment - whether incentives available to employees upon retrenchment CONTRACTS - contracts of employment - seconded employees - application and interpretation of secondment policy - whether seconded employees in temporary or permanent position CONTRACTS - contracts of employment - termination - whether reasonable notice given - meaning of "reasonable notice" - whether change in employee duties over time effects contractual variation of notice provisions - application of Quinn v Jack Chia (1991) 1 VR 567 CONTRACTS - contracts of employment - wrongful dismissal claims - whether employer redundancy policy forms part of terms and conditions of contract of employment - construction and interpretation of redundancy policy - whether application of policy varies over time - whether employee secondment affects application of redundancy policy - whether payment in lieu of notice acceptable DAMAGES - measure of damages - breach of contract of employment - damages in respect of contractual bonuses - quantification of the value of a lost opportunity TORTS - negligence - whether representatives of employer owed duty of care to employees - whether employer acted with reasonable care - quantification of loss on the part of employee