PwC Australia failed to follow proper process in an attempt to fire partner Richard Gregg, a judge ruled, and will be forced into a hefty payout for its efforts to rush him out the door.
PwC Australia faces the prospect of a bruising defamation battle with partner Richard Gregg after a court ruled the consulting giant failed to follow proper process in an attempt to fire him.
As part of the fallout of the PwC tax leaks scandal, the firm named Mr Gregg, a research and development incentive tax specialist, as one of eight partners who had left or were in the process of being removed from the firm’s partnership. Mr Gregg argued that the PwC management did not give enough information, or valid reasons, in its recommendation to the board under requirements in the group’s partnership agreement.“The recommendation does not disclose any path of reasoning by which management reached its view that the outcome should be that Gregg should be required to retire,” Justice Hammerschlag wrote.
“It refers to an ATO remark that PwC was primarily concerned with expanding its market share and winning new clients and made it clear that the firm had broader responsibilities within the tax system,” Justice Hammerschlag wrote. “In this context, and specifically, the recommendation does not disclose any path of reasoning which led to its view that the RQ penalty affair, which was finalised by the imposition on Gregg of a financial penalty, has any part to play in its conclusion or what part,” Justice Hammerschlag wrote.
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