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Legislative Assembly for the ACT: 2000 Week 7 Hansard (10 July) . . Page.. 2468 ..


Former Government Employee-Wrongful Dismissal Claim

(Question No 266)

Mr Wood asked the Attorney-General, upon notice, on 25 May 2000:

1. Has the Government been defending in the Industrial Court a legal action claiming wrongful dismissal brought about by a former ACT Government legal officer.

2. What was the basis of this claim;

3. Has the matter been settled; and

4. If so, what was the basis of the settlement.

Mr Humphries: The answers to Mr Wood's questions are as follows:

1. Yes

2. The individual concerned had resigned from the ACT Public Service on 5 October 1998. The individual concerned then purported to withdraw this resignation. Originally the individual argued he ought to have been entitled to withdraw his resignation relying upon a "cooling off period". The individual then amended his claim to argue:

a) that he had, in effect, been forced to resign; and/or

b) that at the time he resigned he was emotionally unwell and that this was known to his employer and his resignation ought not have been accepted on that basis.

3. Yes

4. The terms of the settlement are subject to a contractual requirement that the terms are confidential and are not to be disclosed without the consent of both parties.


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