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Tech One gets a retrial in $5 million unfair dismissal case

Business

Technology One has won another chance to defend its reputation after it was granted a retrial in the controversial case of an alleged unfair dismissal of one of its executives for which it was penalised $5.2 million.

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The former Victorian manager Benham Roohizadegan was sacked in 2016 over what the company said were performance issues and his dealings with other staff, but which he claimed were the result of bullying claims he had made.

The case went to the Federal Court where Justice Kerr found that Roohizadegan was subjected to abusive language, victimisation, and boorish behaviour leaving him “incapable of ever working again”.

He also said that Tech One’s founder and executive chairman Adrian Di Marco to the executive had been “deceptive and self-serving if not cruel’’.

Tech One appealed the decision claiming the judge ignored large amounts of evidence and made legal errors in his reasons.

The Full Bench of the court found that: “Because the learned judge failed to evaluate the nature of the complaints and the circumstances in which they were made and the process of fact finding thus miscarried, there must be a new trial of the adverse action claim so that such an evaluation can be carried out. ‘’

Tech One issued a statement saying it was pleased that the original judgment in this case has been overturned.

“As has been previously reported in the press, this was a senior executive earning close to $1 million a year, who no longer had the confidence of the board and his fellow executive and against whom serious allegations had been raised by staff, and we took action to address in 2016.’’

Technology One reconfirms its full year guidance of net profit before tax of $94.3 million to $98.6 million.

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