Supreme Court rejects partner's termination appeal
A former senior partner at a Big Four consulting firm lost his termination appeal after the Supreme Court of the Australian Capital Territory upheld his former employer's decision to sack him for "Just Cause" following a bar altercation and earlier workplace misconduct.
The Supreme Court rejected the partner's arguments that his employer had breached its partnership agreement and confirmed that his proceedings would be dismissed, with an order that he pay the firm's costs.
"The plaintiff's claim fails. The claim is therefore dismissed,” the court concluded.
The case stems from after the senior partner, who belonged to the firm's Transaction Tax team, became subject to the company's partnership regulations and workplace behaviour policies after rejoining the firm in late 2021.
The first incident took place in May 2022 at a deferred "Miami Vice"–themed Christmas party, where the employee made comments to a female partner that the company deemed inappropriate.
The complaint was summarised as comments to the effect that he thought she was beautiful, wanted to sleep with her, and that "most of [his] affairs are with married women."
An internal memorandum from the firm treated the behaviour as a breach of company policies and issued a "first and final warning."
"This memorandum serves as a first and final warning against further instances of inappropriate behaviour which may result in more significant...
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