Court finds no whistleblower suspicion despite scathing remarks on exit conduct
A Supreme Court judge described an HR team's termination decision as "ill-considered," yet the employer still won the whistleblower case.
The Supreme Court of Victoria handed down its decision in Mishra v NBN Co Ltd on 5 May 2026, dismissing a claim brought by a former NBN employee who alleged his employment was threatened because he was, or might become, a whistleblower.
Abhishek Mishra had worked for NBN since August 2016, initially as a Copper Activation Manager in a role that was initially based in Melbourne before he took up a long-term assignment in Mumbai from November 2016. His contract included a tax equalisation arrangement, with Ernst & Young engaged to manage his tax affairs in both countries.
Things began unravelling in November 2020, when NBN told Mr Mishra it no longer needed him in India. By March 2021, his role was made redundant. He resisted immediate repatriation because his wife's Australian visa had lapsed and he had diabetes and was not yet vaccinated against COVID-19. NBN agreed to pay him a lump sum in lieu of repatriation, with the exit to be formalised through a deed.
Then the tax problems surfaced. By early June 2021, it became clear that questions had arisen not only about Australian tax obligations but also about a failure to pay tax to Indian authorities during Mr Mishra's Mumbai assignment. EY proposed that NBN pay the outstanding tax to Mr Mishra in...
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