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ARTICLE · 03 JULY 2015

When Is An Employment Policy More Than Just A Policy?

Jenni Priestley, Partner and Leah Hewish, Associate at Clyde & Co's Australia office report on a recent decision of the Supreme Court of New South Wales.

AustraliaEmployment and HR

Jenni Priestley, Partner and Leah Hewish, Associate at Clyde & Co's Australia office report on a recent decision of the Supreme Court of New South Wales.

Two former directors of ABN AMRO Australia Holdings Limited (AAAH) have claimed employment entitlements they argued were owed to them on the basis of policies in place at the time they were made redundant. In a wide-ranging judgment1, the NSW Supreme Court considered the issue of the contractual force of company employment policies in Australia.

The Court's finding that a redundancy policy formed part of Mr James' employment contract will be of interest to Australian employers, who may be prompted to review the interplay between their employment contracts and employment policies.

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