Sharma v Bibby Financial Services Australia Pty Ltd [2012] NSWSC 1157

Supreme Court New South Wales

Medium Neutral Citation: Sharma v Bibby Financial Services Australia Pty Ltd [2012] NSWSC 1157 Hearing dates: 25, 26, 27 July 2012; 21, 22, 23 and 24 August 2012 Decision date: 26 September 2012 Jurisdiction: Equity Division Before: Bergin CJ in Eq Decision: Plaintiff entitled to payment of amount equivalent to 6 months salary in lieu of notice and Special Bonus of $1.4 million plus interest Catchwords: [CONTRACT] - whether employment contract terminated without cause or terminated for serious misconduct - whether compliance with process for termination for serious misconduct - whether proper grounds for termination for serious misconduct - justification - whether conduct discovered after purported termination struck at the root of the employment contract - whether such conduct would justify a loss of trust and confidence in the relationship Legislation Cited: Evidence Act 1995 Sexual Discrimination Act 1984 (Cth) Cases Cited: Briginshaw v Briginshaw (1938) 60 CLR 336 Gillies v Downer EDI Limited [2011] NSWSC 1055 Hodgson v Amcor Ltd [2012] VSC 94 Sargent v ASL Developments Limited (1974) 131 CLR 634 Shepherd v Felt and Textiles of Australia Ltd (1931) 45 CLR 359 Siagian v Sanel Pty Ltd (1994) 122 ALR 333 Tullett Prebon (Australia) Pty Limited v Purcell [2009] NSWSC 1079 Zhu v Sydney Organising Committee for the Olympic Games & Ors [2001] NSWSC 989 Texts Cited: Effectively preventing and responding to sexual harassment: A Code of Practice for Employers, Australian Human Rights Commission (2008 edition) Category: Principal judgment Parties: Ashley Lalit Sharma (Plaintiff) Bibby Financial Services Australia Pty Ltd (Defendant) Representation: GP McNally SC/D Stewart (Plaintiff) IM Neil SC/LP Menzies (Defendant) People and Culture Strategies (Plaintiff) Gillis Delaney Lawyers (Defendant) File Number(s): 2009/291197 Publication restriction: Nil