3 months ago
17
“The application is out of time and should be dismissed.”
Tennis Australia also argued that the officials did not have their employment terminated but were “merely ineligible” to be offered shifts at tournaments because their registrations had been annulled.
The Australian Open organiser said it had not taken action against them as employees but as directors of Tennis Officials Australia, and they had not exercised workplace rights.
Tennis Australia intended to produce evidence from its employees, officials and other Tennis Officials Australia directors about the “extent and impact of the applicant’s unprofessional behaviour”, its lawyers said in its response to Mak’s complaint.
“That evidence will assist it to demonstrate the appalling way in which the applicant has behaved, and support its position that the substantial and operative reason for acting was the applicant’s unprofessional behaviour, and not the mere fact of the newsletters being sent or issues being raised,” they said.
Tennis Australia director of pathways and tennis services, Lawrence Robertson, wrote to match officials this month that the sport’s governing body had been cleared by a WorkSafe inspection and had acted against the four Tennis Officials Australia directors because “TA team members were receiving multiple emails a week from them and finding their behaviours threatening”.
“Everyone should feel comfortable to raise an issue or concern at any time without fear of retribution. However, when doing so, it’s important you act in a professional and respectful manner,” he said.
The Australian Open attracts the best tennis players in the world to Melbourne each January.Credit: Getty Images
The Robertson email angered the ousted directors, who deny harassing or threatening Tennis Australia staff or other officials, and Mak days later fired off a defamation concerns notice, the first stage in defamation action, on their behalf.
The board members of Tennis Officials Australia have since informed members that they will be stepping down.
Tennis Officials Australia once controlled the appointments of match officials at Australian tournaments but for the past decade it had been a member-based advisory body to Tennis Australia which took charge of officiating in 2015.
Relations broke down this year after it sought to address issues such as selection transparency and workplace safety concerns on behalf of tournament officials and Mak reported an “apparent unwillingness to engage with the board” from Tennis Australia.
The Tennis Officials Australia directors claimed in later newsletters that “multiple credible reports describe selection processes being effectively ‘rigged’” and accused Tennis Australia of “attempting to control member communications” and “coercive conduct toward TOA leadership”.
Loading
They also presented Tennis Australia with a 30-page report centred on allegations of bullying and victimisation against a tennis employee in Adelaide.
A subsequent Tennis Australia-commissioned investigation substantiated a finding that the employee had referred to South Australian match official Marija Lentic as “unstable” in conversation with other officials.
Lentic, who sits on a women in sport advocacy group and is a two-time state official of the year, had been working at the Australian Open in January when she was told about the comment and was so distressed she immediately left the grand slam event.
According to the investigator, while some of the behaviour could be seen as “insults” or “teasing”, Tennis Australia did not consider that it amounted to bullying and Lentic was selected to work alongside the employee at this summer’s Adelaide International and not at the Australian Open.
She has withdrawn from officiating at the Adelaide event.
Tennis Australia said in a statement to this masthead that it had gone to great lengths to ensure “complaints and issues are investigated fairly and thoroughly”.
“However, this year we have faced the unusual situation of a small group of umpires refusing to accept the umpires’ decisions,” its statement said.
Start the day with a summary of the day’s most important and interesting stories, analysis and insights. Sign up for our Morning Edition newsletter.
