DETAILS of an unfair dismissal case decision involving Warrnambool's Community Connections office were kept secret to protect the organisation, it can be revealed today.
It can also be revealed that the case resulted in extremely critical findings against the organisation's CEO, Bruce du Vergier, and other senior executives.
Those findings remain confidential.
Fair Work Australia Commissioner Wayne Blair previously released a two-paragraph decision on the case after four days of hearings but the rest of his decision was suppressed.
Former employee Gary Lucas successfully launched an unfair dismissal claim which was heard and decided this year.
Last week solicitor Kamal Farouque, of firm Maurice Blackburn, launched an unsuccessful application to have the confidentiality order lifted and in the process the reasons behind Commissioner Blair's decision became clear.
A three-man panel heard the application, with FWA Commissioner Julius Roe reviewing previous comments made by Commissioner Blair.
At the time Commissioner Blair said:
"The issue that I raised was the issue about the damage that it might do to the organisation and the credibility of the organisation.
"I am not worried about the chief executive officer (Community Connections, Bruce du Vergier). Let me make that abundantly clear.
"I am worried about the effect it may have on the organisation itself and the work that the organisation does.
"That's been the only issue that's been in the tribunal's mind."
Commissioner Blair went on to say: “I’ve got to make it clear that the decision itself is going to be extremely critical, not only of the CEO but some of the other staff that make up the executives, and again I’m not keen to have that published because of the effect it may have on the credibility of the organisation itself”.
Community Connections is a non-profit community services organisation, which in the south-west provides services for thousands of individuals, families and children each year.
It is believed that there are fears for Community Connections’ staff morale and future funding prospects if the reasons behind the decision were made public.
Community Connections solicitor Gerard McKeown last week submitted that an open decision had been made.
“What’s misconceived about that point is that we had open justice. There was a decision, it was published.
Granted, it’s two paragraphs, but it’s still a decision,” he said.
Commissioner Blair’s released decision was: “The tribunal has determined in this matter there was no valid reason for the termination of the applicant by the respondent (Mr Lucas).
“The tribunal has come to the conclusion that the alleged death threats and the alleged defaming of the CEO did not occur and therefore there was no valid reason for the termination of the applicant.”
Mr McKeown claimed the case was run as a ‘‘trial by media’’.
“We’re not dealing with your average unfair dismissal case. This is a case where there has been a constant leakage of material in terms of issues,” he told last week’s hearing.
FWA vice-president Michael Lawler also told the hearing that if he had been in the position of commissioner in the case he would not have made the order for the decision to remain confidential.
“There’s nothing particularly remarkable about the nature of the factual matters which are dealt with in the decision,” he said.
“What I would have done myself is rather beside the point, but it just strikes me that the commissioner, who was much closer to the ‘vibe’ of the thing — to invoke The Castle — than we are, clearly saw that there was some real utility in the making of this order.”
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