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25.1.7 Case examples - Unreasonable action


1.In Wheeler and Reserve Bank of Australia (1989), the Tribunal considered that certain action was not reasonable, noting that 'after 15 years of employment, and without any prior notice, the applicant was required to report for duty on a day on which officers of the bank knew he would be unavailable. The consequences of non-attendance were not even mentioned in the letter'.

2.In Inglis and Comcare (1997), the Tribunal held that a 'performance review interview' was disciplinary action. Nevertheless, it was not 'reasonable' in that particular case, because of the way in which it had been conducted. This unreasonable element included, inter alia, no prior warning of a serious allegation of breach of confidentiality and a requirement to respond to the allegations immediately.