As soon as she was removed by the ABC board on September 24, halfway through her five-year term, ousted ABC head Michelle Guthrie hinted she was considering legal action:
While my contract permits the board to terminate my appointment without cause and with immediate effect, I believe there is no justification for the board to trigger that termination clause. I am considering my legal options.
On Thursday afternoon, news broke that Guthrie was indeed proceeding with a claim against the ABC. Just what are her options?
Can Guthrie sue for unfair dismissal?
Despite the wording of the initial reporting, Guthrie simply cannot sue for unfair dismissal under the Fair Work Act. She makes too much money to be covered by the act The act sets a high-income threshold, adjusted annually on July 1. If you earn over that, you’re exempted from the unfair dismissal provisions. This is currently $145,400, and Guthrie, who pulled down a fairly robust $900,000 per year, clears that comfortably.
What about a claim of adverse action?
The other dismissal remedy that applies is a claim of adverse action — which isn’t subject to the threshold. That is a claim that an employee’s general rights at work have been breached. This largely revolves around discrimination; an employee can’t be disadvantaged (including being terminated) for discriminatory reasons based on, among other things, race, gender, religious or political views. In her public statements — not to mention the flurry of leaks — following Guthrie’s dismissal, there was no indication that her dismissal was because of her race or gender. So unless something quite explosive awaits us during the case, it’s unlikely to be that.
But the general protections provisions extend further than that — and Guthrie is expected to rely on those, according to Fairfax. An employee is also protected from adverse action being taken against them after they have exercised a “workplace right” under the act. A workplace right may include refusing unsafe work, engaging in lawful strike action or making a complaint.
This appears to be her best chance of success. Before her termination, Guthrie submitted a detailed account of her dealings with Milne to the ABC board. In this account, Guthrie complained about Milne’s attempts to get ABC political editor Andrew Probyn and economics correspondent Emma Alberici fired for pieces that had offended the government. Guthrie alleges Milne “yelled at” and “berated” her in response.
And unlike unfair dismissal (where the maximum payout available to a successful applicant is 26 weeks’ pay — quite a bit, in Guthrie’s case), the compensation that can be awarded is uncapped for adverse action. At the highest end, employees have been awarded over $1 million,and ominously for the ABC, Guthrie is reputedly after “millions”.
She could argue that, while she was *paid* over $900,000, she only *earned* a fraction of it and so falls below the FWA threshold.
She’s after millions is she? Our millions. She may have a case but does she have to be so bloody greedy?
I suspect Andrea that she is after the millions as she may think that she will struggle to find another gig as well paid as the one at the ABC…
Thank you Charlie.
Is this the takeaway? :
1 Save your $900k/yr including that element of the amount agreed to compensate you for the conditions of employment such as termination without cause.
2 Fire the first shot ! Lodge your complaint for alleged breach of a “workplace right” and await termination.
3 When termination surely occurs, complain it results from adverse action, giving rise to a claim under the Fair Work Act.
???
“Fair Work” is a term normally preserved for use by people who are not party to the employment contract. In the case of the ABC, is the government the employer?
I would suspect her grudge is mainly against Milne..he was the one that made her position untenable, he would have put the pressure on the board to fire her..the political infighting would have meant that she would have been the sacrificial lamb….I say go Michelle, if I was in her situation & having enough evidence to get Milne, I’d do what I could to get as much $$$ out of him as possible, the board of the ABC, well yes I’d be more inclined to let bygones be bygones…
It could be asked right from the beginning just why did Michelle Guthrie get the job?
Is Michelle Guthrie a journalist? No
What is the ABC’s main theme of work and professionalism and what requirement does it lean on? Journalism.
In what realm does the ABC win it’s Walkley awards?
Journalism
In what ABC program is watched by the Coalition government and other government’s in designing policy on many government programs?
Four Corners. And what is 4 Corners about?
Investigative journalism?
And what other Investigative journalism program was axed and its anchor admonished?
Lateline and anchor Emma Alberici.
Why was that when it presented great investigative journalism and interviewing?
What other show has been installed in much the same tone as Lateline but is put on earlier to grab the average public punter for entertainment’s sake and ratings? The Drum.