Hussein v Westpac Banking Corporation

The Industrial Relations Court of Australia, Victoria District Registry, heard the case of Ismet Hussein v Westpac Banking Corporation, case number VI 1228 of 1994. Hussein, an employee of Westpac, was convicted of obtaining property by deception and possessing an unregistered firearm. Westpac terminated Hussein's employment following the conviction. Hussein argued that the termination contravened the Industrial Relations Act 1988. The court had to determine if the termination was valid and if it was harsh, unjust, or unreasonable.

The court first examined whether the termination was initiated by the employer or if Hussein had resigned. It concluded that the termination was at the employer's initiative, classifying it as a constructive dismissal. The court then assessed if there was a valid reason for termination, considering whether Hussein's criminal conduct had a relevant connection to his employment. The court found that Hussein's position as a migrant service officer required trust and honesty, and his criminal conduct breached these expectations.

Finally, the court evaluated if the termination was harsh, unjust, or unreasonable. It considered Hussein's long tenure and age, as well as the seriousness of his criminal offence. The court concluded that the termination was not harsh, unjust, or unreasonable, considering the importance of trust in Hussein's role.

The court dismissed Hussein's application, finding the termination of his employment by Westpac to be justified and not harsh, unjust, or unreasonable.