Negligence by an employee, without more, does not amount to 'gross neglect of duty' or 'serious misconduct' justifying summary dismissal, even where the consequences of the negligence are serious for the employer. Payment in lieu of notice under s 117(2)(b) of the Fair Work Act 2009 (Cth) must be calculated by reference to the employee's total remuneration package including superannuation contributions and the value of non-cash benefits such as a motor vehicle. Changes in an employee's duties, remuneration and title that fall within the scope of broadly expressed contractual terms (including 'other duties as directed' and salary review clauses) do not give rise to a new contract of employment.
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