Yousif v Commonwealth Bank of Australia (No 2)

In the Federal Circuit Court of Australia, Ms Yousif sued the Commonwealth Bank of Australia alleging that the Bank breached its Fair Treatment Review (FTR) policy and an implied term of good faith, trust and confidence during an investigation into her complaint about the Bank's decision not to appoint her to a position as a mobile lender in the Private and Retail Banking division (PRB). The court was required to determine whether there were flaws in the investigation process that constituted a breach of the FTR policy or the implied term of good faith, trust and confidence. Ms Yousif argued that the investigation was flawed because it was not conducted by an independent person and because it failed to consider her claim that she was bullied by a colleague.

The court found that there was no concluded agreement to appoint Ms Yousif to the PRB position at the time of the alleged offer. The decision not to appoint her was made after discussions between the Bank's employees, and no formal contract was signed. The court also found that the investigation was not flawed because it was not required to be conducted by an independent person. The court held that the FTR policy did not require an independent investigation, and the Bank's decision to involve its employees in the investigation did not constitute a breach of the policy or the implied term of good faith, trust and confidence. The court also found that the investigation did consider Ms Yousif's claim of bullying because it included a discussion of her behavioural issues with a colleague.

The application was dismissed, and the applicant was ordered to pay the respondent's costs of the application. Leave was reserved to any party to apply in writing by 24 June 2009 to vary the order for costs.