MISHRA v NBN CO LTD

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MISHRA v NBN CO LTD Supreme Court of VictoriaWatson J 17–20 March, 5 May 2026[2026] VSC 254Companies — Whistleblower — Protections under pt 9.4AAA of Corporations Act 2001 (Cth) — Detrimental conduct against person making or able to make protected disclosure — Suspicion or belief that employee had made protected disclosure — Employer engaged in detrimental conduct by threat to terminate employment — Test for liability — Whether person who made threat of termination suspected or believed that the plaintiff made, may have made, proposed to make or could make a qualifying disclosure — Corporations Act 2001 (Cth), pt 9.4AAA, ss 1317AA, 1317AD, 1317AE.

Part 9.4AAA of the Corporations Act 2001 (Cth) (Corporations Act) provided for the protection of eligible whistleblowers in respect of a disclosure to a relevant regulator of information in relation to a regulated entity, such as NBN Co. Section 1317AD(1) provided that a court might make an order for compensation if a person engaged in detrimental conduct towards a whistleblower when the actor believed or suspected that a whistleblower had ‘made, may have made, proposes to make or could make’ a protected disclosure.

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