Where an employment contract incorporates a term that termination shall not be harsh, unjust or unreasonable, the privilege against self-incrimination is a relevant consideration, and it may be harsh, unjust or unreasonable to terminate an employee for refusing to provide information while criminal charges relating to the subject matter are pending. Damages for wrongful dismissal from a fixed-term contract are limited to the unexpired term and do not extend to loss of prospects of renewal, following Sarfaty. The NSWCA declined to follow the Federal Court's contrary approach in Martin v Tasmania Development and Resources.
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