Disciplinary process labelled a ‘sham and disgrace' results in significant damages awarded

The recent High Court decision in Elisha v Vision Australia Ltd [2024] HCA 50, demonstrates the potential risks surrounding disciplinary processes, especially when workplace policies form part of employment contracts. The case also highlights the importance of having and following fair procedures and the potential for claims, such as psychiatric injury, when not followed.

Case Summary

In 2015, Mr Adam Elisha (Mr Elisha) was dismissed from Vision Australia after allegations that he displayed 'aggressive behaviour' towards the owner of the hotel on a business trip.

Despite Mr Elisha having ongoing anxiety and depression, Vision Australia put him through a problematic disciplinary process in handling these allegations including by relying on the unverified version of events from the hotel owner rather than Mr Elisha's own response to the allegations. Furthermore, Vision Australia placed reliance on Mr Elisha having had an apparent history of past aggressive