Azzi v State of New South Wales

The Court of Appeal of New South Wales heard an appeal concerning the termination of a senior executive employed by the State of New South Wales. The executive's dismissal was based on allegations of misconduct, specifically failing to comply with directions issued by their employer. The executive challenged the lawfulness of these directions and the subsequent termination decision.

The primary legal issues before the court were whether the directions given to the executive were unlawful due to non-compliance with an industrial award or contravention of the *Anti-Discrimination Act 1977* (NSW), and whether the decision to terminate was unreasonable. Additionally, the court considered whether the hearing rule, specifically the requirement for notice of adverse information, had been breached, and whether notice was required of a second decision made by the employer after the initial termination.

The court found that the directions given to the executive were not unlawful, as no breach of the industrial award or the *Anti-Discrimination Act 1977* (NSW) was established. The claim of unreasonableness was also dismissed, with the court determining that no obvious inquiry into a critical fact was omitted. Regarding the hearing rule, the court held that while the substance of the adverse information had been put to the executive, notice was required of the second decision made by the employer, as it constituted a new decision. Despite this finding, the appeal was ultimately dismissed.