Green v Preston Motors Pty Ltd

Chris Green, the former General Manager of Porsche Centre Brighton, brought claims against his employer Preston Motors Pty Ltd. Mr Green claimed that he had been subjected to unlawful adverse action by Preston Motors and that his employment was terminated without the requisite notice of termination. The claims were denied by Preston Motors. The Federal Circuit and Family Court of Australia (Division 2) dismissed all claims brought by Mr Green. Mr Green was not subject to any unlawful adverse action by Preston Motors. Mr Green was dismissed for breaching his employment contract by disclosing confidential information to Porsche Cars Australia Pty Ltd. The breach of contract disentitles Mr Green to notice under the Fair Work Act 2009 and the contract. The decision to stand down Mr Green from employment was a decision made by the Board of Preston Motors. The decision was made for business reasons relating to the COVID 19 pandemic and not for any reason proscribed by section 340 of the Act.