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An NSW man whose 18-year career at the Australian Taxation Office came to an end amid a “weak” murder investigation alleged his former employers manipulated his vulnerable wife and forced him to resign.
Peter Wetzler claimed the Australian Taxation Office (ATO) orchestrated his resignation after he was charged with the cold case murder of his fiancée, Debra Campbell, over 40 years ago.
Conditsis Lawyers successfully argued the charges were “weak”, and the case against Wetzler was “foredoomed to failure”.
The charges were formally withdrawn in April.
Wetzler and the firm then turned their attention to the Fair Work Commission and allegations the ATO forced his wife to resign on his behalf while he was in police custody in September 2023.
Wetzler was suspended several weeks earlier while he faced the prospect of an investigation into a possible breach of the Australian Public Service Code of Conduct arising out of the criminal charges.
His wife, Sarah Allen-Wetzler, emailed the resignation to the director of conduct, performance and reviews, Jade Hamilton, after the two had multiple phone calls about the suspension and investigation.
Wetzler alleged Hamilton “established a relationship of trust and confidence” with his emotional wife, and “the former, knowing the latter was vulnerable and the applicant was in prison, convinced Allen-Wetzler that the applicant’s best option was to resign”.
In evidence before the commission, Allen-Wetzler claimed she was told it was a “foregone conclusion that the applicant would lose his job” because of the criminal charges and media attention.
Allen-Wetzler also alleged Hamilton informed her it would be better for Wetzler to resign, and she then sent the resignation email believing that “we didn’t have a reasonable alternative”.
Hamilton said that while Allen-Wetzler was “quite distressed”, she believed Allen-Wetzler was also “understanding of our processes”.
The ATO added that Hamilton took steps to assist Wetzler and his wife, including by processing leave applications, answering questions about the code, and seeking confirmation about what to tell Wetzler’s team.
The commission was told that despite two further emails relating to the resignation, Allen-Wetzler never responded, and neither she nor Wetzler contacted them to seek to withdraw it.
Deputy president Thomas Roberts found Hamilton’s version of the events was “the more accurate one” and was satisfied the employment was not terminated on the ATO’s initiative.
“The resignation was in clear terms, which, given the elements that preceded it, could only have been understood as evincing a real intention to resign,” Roberts said in his written reasons.
“Having regard to the substance of the conversations … I do not think the circumstances were such that it was unreasonable for the [ATO] to treat the resignation as genuinely given and having immediate effect.”
While Roberts accepted the resignation was discussed over the phone calls, he said Hamilton confirmed it was an “option open to Wetzler”.
Roberts added that although media coverage may have been a concern, “I do not consider the interactions between Hamilton and Allen-Wetzler demonstrate that the former was attempting to manoeuvre the latter in a position where a resignation would follow”.
In a statement, Conditsis Lawyers said it is considering the judgment and “anticipates we will have instructions for an appeal”.
RELATED TERMS
Resignation is the employee-initiated termination of employment. In other words, the employee willingly decides to leave their job and informs the company of their choice.
