Prospective payout to Tudge’s former staffer recognises ‘major claim’

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A likely six-figure payout on a workplace bullying and harassment claim by a former ministerial staffer suggests the government had legal advice there was a meaningful prospect of liability.

. He denies those claims but stood aside from the frontbench while an independent investigation took place.with the Department of Finance over her treatment by Tudge, alleging that he belittled and humiliated her, and a separate complaint about the process that forced her out of Cash’s office.– who is still technically in cabinet – to return to the ministry after the election.The Department of Finance and Miller are in the final stages of settling the suit.

“But I know it’s taxpayers’ money, and those matters are handled by the Department of Finance at arm’s length from politicians including, you know, the Special Minister of State.” The government’s rules for handling legal matters say any settlement over $100,000 must be treated as a major claim. This includes seeking written independent legal advice from either the Australian Government Solicitor or an outside law firm that the settlement is in accordance with legal principle and practice.

The legal service directions also warn government departments that settling a claim “requires the existence of at least a meaningful prospect of liability being established” and the amount of a payout must consider the prospects of a claim’s success in court. “In particular, settlement is not to be effected merely because of the cost of defending what is clearly a spurious claim,” the rules state.A spokesperson for the Department of Finance said the department “has been engaging with Ms Miller’s legal representatives on behalf of the Commonwealth, in accordance with its obligations under the Legal Services Directions 2017”.

 

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