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Documents relating to the formal Allegations against me
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For contextual explanations of these documents, see the following pages in this site:
Allegations
Petty Gripes
Allegations and Asperger's Syndrome
Natural Justice
Discrimination |
My Staff's Complaints Against Me |
My staff submitted a large volume of notes to the Sage Investigation, which were not made known to me until four hours before I was dismissed, on 23 December 2010. No formal complaints were ever made by my staff; the Allegations I faced were developed by Mr Dobrzynski from my staff's notes.
Due to the very large number of documents in this category, I have moved them to a different page. To access the complaint documents submitted by my staff to the Sage Investigation, click on the link to the right. |
COMPLAINT DOCUMENTS |
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First Round of Allegations, 23 July 2010 |
The letter where I was officially stood down, without notice, and charged with the original 13 allegations of bullying and harassment |
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now |
My reply and rebuttal to the original 13 Allegations of bullying and harassment, 20 October 2010 |
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now |
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Second Round of Allegations, 25 October 2010 |
Nine more Allegations, relating to a private email I sent to family and friends while in the depths of despair |
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now |
Here is the Letter I sent begging for help (A), and the Retraction that I sent four days later (B). A week later, I was involuntarily admitted to hospital, suicidal |
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A
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B
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Third Round of Allegations, 27 October 2010 |
Yet another Allegation, relating to answers I gave to the Launceston Examiner about having been diagnosed with Asperger's Syndrome |
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now |
Here is the article published by the Examiner |
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now |
Here is the Council Media Policy - note that it applies to Council Employees representing Council's position, which I obviously did not. Also, as argued in my Submission on 15 December (see below), the QVMAG has a different Media Policy, which allows staff to speak freely to the media. |
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now |
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My lawyer's reply to the 2nd and 3rd rounds of Allegations, 17 November 2010 |
My lawyer's response, based on the legality and legitimacy of the Allegations against me. Note that the black-out portions are mine. |
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now |
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Council's "Independent" findings on the Allegations, 6-7 December 2010 |
25 Nov. The findings were hardly independent, as the 'fact-finder' was Chris Dockray, the lawyer hired by Launceston City Council and Allianz Insurance to represent them against me. Nonetheless, the findings were overwhelmingly in my favour, with the majority of charges being found false. These were delivered to me on 7 Dec. SEE PARTICULARLY THE CONCLUSIONS Items 90-98. |
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now |
6 Dec. Dobrzynski's conclusions, based on the lawyer's findings. The referenced attachment was delivered to me the following day, see above. |
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now |
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My Defense Submission to the findings, 15 December 2010 |
This is my Defense Submission to Council's findings, with my reply to the Allegations |
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now |
My Defense Submission might have been better, except that Council cut me off from my emails and calendar, and therefore the information I needed to access for detail and accuracy, the day before this submission was due. |
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now |
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My Notice of Termination, 23 December 2010 |
In the end, I was terminated not for any of the previous three rounds of Allegations, and not for bullying or any wrong-doing, but for the employment relationship having broken down irretrievably. But with that said, Mr Dobrzynski clearly still blamed me for bullying, despite being cleared of the charges. |
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now |
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Documents relating to the sacking of my Supervisor, Mr Patrick Filmer-Sankey
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For a thorough explanation of what the Launceston City Council did to Mr Filmer-Sankey, see his website, www.museummugging.com. See also the following web page:
What really happened to Patrick? |
Allegations of Misconduct, 23 July 2010 |
The Show Cause letter where Patrick was charged with allowing me to bully and harass my staff |
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now |
Patrick's reply and reponse to the four Allegations of breaching his Duty of Care |
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now |
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Termination of Contract, 11 August 2010 |
Patrick's termination letter - note that additional information was brought from the Sage Report into Dobrzynski's reply, which was not made available to Patrick. Council has maintained that they merely terminated his contract, that it had nothing to do with misconduct -- you be the judge. |
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now |
Resignation letter that was written by Council for Patrick to sign -- many of the elements were plagiarised from Patrick's own letter of application for renewal of his contract |
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now |
Deed of Release that Patrick refused to sign |
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now |
Media relating to Patrick's termination |
See Below |
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Dobrzynski's Untrue public statements about Patrick Filmer-Sankey's resignation |
8 Aug - "Council general manager Robert Dobrzynski said the council had not ordered Mr Filmer-Sankey to resign nor received a resignation letter." |
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now |
10 Aug - "Mr Dobrzynski said that Mr Filmer-Sankey had indicated to him last Friday that he intended to resign but he believed that situation had now changed." |
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now |
10 Aug - "Mr Dobrzynski says Mr Filmer-Sankey agreed to vacate the position last week.... "Mr Filmer-Sankey has indicated to me last Friday that he is willing to negotiate a settlement to these matters which would involve his departure as director of QVMAG."... Mr Filmer-Sankey says he wants to clear his name and continue his work with the museum.... "I am still employed by the Launceston City Council, I haven't resigned, I have no intention of resigning from the directorship of the Queen Victoria Museum and Art Gallery." |
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now |
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Documents relating to the Public Meeting, 30 August & Council Meeting 6 Sept 2010 |
Resolutions made by the public at the meeting, 30 August -- note the four resolutions, and compare these with the ones presented to Council by the Mayor the following week (see below) |
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now |
Media about the meeting, The Examiner, 31 August |
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now |
Resolutions taken to Council by the Mayor, 6 Sept - note that the four resolutions are the opposite of those resolved at the 30 Aug public meeting |
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now |
Transcribed audio of the Council Meeting, 6 Sept 2010 |
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now |
Audio of the Council Meeting, 6 Sept 2010 |
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now |
Media about the Council meeting, The Examiner, 7 Sept |
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now |
Other resources about the Public Meeting & Council Meeting:
- You-Tube Video of Dobrzynski saying that Natural Justice has been served
- You-Tube Video of the Zen Buddhist Monk criticising Dobrzynski about Natural Justice
- You-Tube Video of the Mayor saying he will take the resolutions to Council
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Documents relating to the Aldermanic Misconduct Complaints |
Ian Norton's Feb 2008 "investigation" report into Museum operations |
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now |
Alderman Ivan Dean's letter condemning Norton's report |
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now |
Filmer-Sankey's response to Norton's report |
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now |
Frank Dixon's (GM at the time) response to Norton's report |
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now |
Ian Norton's 20 Jan 2010 letter to the GM and Mayor |
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now |
Ian Norton's 6 May 2010 letter to Aldermen |
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now |
Patrick's Misconduct complaint about Ian Norton, to LGAT |
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now |
LGAT's findings (believe it or not!) - keep in mind as you read this, that Norton admitted in his letter 20 January that he knew he was breaching the Act, and intended to continue |
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now |
Dr Sennin Charles's Misconduct complaint against Mayor van Zetten |
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now |
LGAT's findings in complaint against Mayor van Zetten - still in process |
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now |
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Documents relating to Robert Dobrzynski
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For a more complete understanding of how these documents relate to each other, please see the following pages:
Meet Robert Dobrzynski
Allegations
Discrimination
Myths & Rumours
Sage Report
Natural Justice
Costs to the Ratepayers |
False Charges on Bullying and Harassment, 23 July 2010 |
Original 13 Allegations of Bullying & Harassment, 23 July 2010 |
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now |
My Reply & Rebuttal to Original 13 Allegations, 20 October 2010 |
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now |
Findings of Council's lawyer, Chris Dockray. Note that the majority of the bullying charges were found to be false, and the rest were so minor as to be downgraded to a warning. 25 November 2010. |
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now |
Despite Dockray's findings and milder recommendations, Dobrzynski nonetheless took a heavy-handed approach. Compare, for example, Dockray's Item 90, where he drops Allegation 13 (cumulative charge based on guilt of preceding 12), and Dobrzynski's Item 'e', where he considers it sackable. Compare also Dockray's Item 93 recommending "up to" a first and final warning, and Dobrzynski's Item 'a', where he shows no moderation. 6 December 2010. |
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now |
Termination Letter, 23 December 2010. Still believing me to be a bully, despite having been cleared of the charges, and sacked because the employment relationship had broken down in the process. |
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now |
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Salacious allegations about my breasts, July-Aug 2010 |
Dobrzynski's letter to Allianz Insurance, 11 August 2010, in which he salaciously states that I was displaying my breast in the workplace -- see Item 'e', page 2, and compare this with Allegation 3 |
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now |
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Untrue statements and implying to the public that the bullying Allegations had been "proven" |
Statements made in public Council Meeting, 6 Sept |
Get transcript
Get audio
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Examiner 10 Aug: "Mr Dobrzynski said that Mr Filmer-Sankey had been asked last month to say why disciplinary action should not be taken against him in relation to alleged staff bullying and harassment at the museum while he was director."
"The bullying and harassment charges were not directed at Mr Filmer-Sankey but he was director over a long period of time while these matters were occurring," Mr Dobrzynski said." |
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now |
LCC Media Release 11 Aug: "The findings of the independent investigation made it clear that Council cannot have sufficient confidence in Mr Filmer-Sankey to maintain the authority and management required to resolve the harassment issues that have been going on at the QVMAG for some time.
"As far as I am concerned it is a fundamental responsibility of mine to provide a safe working environment for all employees. I will not compromise on this responsibility no matter how difficult the decisions are that I have to make. |
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now |
Examiner 11 Aug: "LAUNCESTON museum director Patrick Filmer-Sankey's contract will not be renewed after he allegedly failed to provide a safe staff workplace, according to council general manager Robert Dobrzynski." ...
"Mr Dobrzynski stressed that bullying and harassment complaints had not been brought against Mr Filmer-Sankey.
"But he was responsible for the overall management of the QVMAG and providing a safe workplace and he did little ... about an ongoing situation for nearly 18 months," he said." |
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Examiner 12 Aug: "Mr Dobrzynski said that a council-instigated, independent investigation into complaints of bullying and harassment at the museum had found that Mr Filmer-Sankey had not fulfilled his managerial responsibilities when the complaints were made and in the months after. "As far as I am concerned, it is a fundamental responsibility of mine to provide a safe working environment for all employees," Mr Dobrzynski said. "I will not compromise on this responsibility no matter how difficult the decisions are that I have to make."
Mr Dobrzynski said earlier this week that he was astonished when he took up the top council job three months ago that nothing had been done about the museum situation much earlier." |
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now |
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Untrue public statements about Patrick Filmer-Sankey wishing to resign |
8 Aug - "Council general manager Robert Dobrzynski said the council had not ordered Mr Filmer-Sankey to resign nor received a resignation letter." |
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now |
10 Aug - "Mr Dobrzynski said that Mr Filmer-Sankey had indicated to him last Friday that he intended to resign but he believed that situation had now changed." |
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now |
10 Aug - "Mr Dobrzynski says Mr Filmer-Sankey agreed to vacate the position last week.... "Mr Filmer-Sankey has indicated to me last Friday that he is willing to negotiate a settlement to these matters which would involve his departure as director of QVMAG."... Mr Filmer-Sankey says he wants to clear his name and continue his work with the museum.... "I am still employed by the Launceston City Council, I haven't resigned, I have no intention of resigning from the directorship of the Queen Victoria Museum and Art Gallery." |
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now |
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Untrue statements made to public about the Sage Investigation & Report |
Sage Investigation "investigated" pre-existing Allegations -- in fact, it was meant to unearth whether there were complaints, and the Allegations arose from the completed Investigation Report |
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30 Aug. Saw no problem with release of the Sage Report -- in fact, Dobrzynski had spent much of that day with Chris Dockray (Council's lawyer), who advised my lawyer approximately two hours before the Public Meeting that the Sage Report would not be released to us |
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now |
6 Sept. Couldn't release Sage Report because staff's statements were given in confidence -- in fact, this makes no sense. A) Neither Patrick nor I were ever indicated that statements would be confidential, and were told by the investigator that we could get copies of the final Report from Council, B) in the Australian legal system (and natural justice), the accused has a right to know what they are accused of, such that it just doesn't seem right to promise confidentiality as an incentive to defamatory testimony, and C) on 23 December 2010, Council quite willingly shared hundreds of pages of Staff's statements that contributed to the Sage Report. |
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now |
6 Sept. Couldn't release Sage Report because it may further injur the staff who gave testimony - in fact, Dobrzynski has put much emphasis on the OH&S obligations to staff. While this sounds good, in fact, it is a bunch of hooey in this case -- none of my staff submitted injury reports relating to any of the injuries they are alleged to have endured. None of my staff had anywhere near the medical and psychological trauma that I experienced from them. It is completely misleading to state or imply that I was a danger to the workplace, and I believe it is unethical to state or imply that Council's OH&S obligation to staff is **more important** than its obligation under the laws realting to my right to know the charges and evidence against me. |
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Denial of Access to Sage Report, i.e., the basis of the Allegations against me |
23 July 2010: In the meeting when Mr Dobrzynski stood me down, I asked him if I could have the Sage Report, and he said no, that everything I needed was contained in "those documents" (pointing to the Allegations and Stand-down letter in a sealed envelope) - in fact, this makes no sense - it would probably be impossible to contain the charges and evidence in the 500-page Sage Report into a few sheets in an A4 letter envelope. Anyway, they weren't there. Get Dobrzynski's letter from 23 July to the right. |
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now |
8 Sept 2010: Australian Services Union requested copy of Sage Report, and was rejected by Mr Dobrzynski. Note in Dobrzynski's reply that he erroneously states that the Sage Report is the property of Allianz Insurance. |
ASU request 1
rejection
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9 Sept 2010: Australian Services Union requested visual access to Sage Report for my defence, and was rejected by Mr Dobrzynski. Note in Dobrzynski's reply that he states that the Sage Report is protected under Legal Professional Privilege - in fact, this privilege was waived when Council sent the report to Dr Ian Sale (the psychiatrist) who used it to inform his opinion. He also read from it openly to the Friends of the Museum, and presumably shared at least portions of it with the Aldermen, all actions which waive privilege. |
ASU request 2
rejection
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24 August 2010: Right to Information application submitted to Council 24 Aug. Email from Martin Reynolds stating that Dobrzynski had put a "No action till discussed with the GM" note on the application. Letter from Mr Dobrzynski 17 Sept, rejecting my application. |
RTI request
No Action note
Rejection
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4 Oct 2010: Right to Information appeal submitted to Tasmanian Ombudsman. Still pending as of 29 January 2011. |
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now |
30 August 2010: My lawyer requested Sage Report from Council's lawyer, Mr Chris Dockray, who said that it would absolutely not be released. |
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30 August 2010: Public motion passed unanimously at public meeting, to release Sage Report. |
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now |
31 August 2010: Mr Dobrzynski was quoted in the Launceston Examiner article this day as saying that "There's no real issue with releasing the Sage Report". But see completely the opposite one week later. |
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now |
6 Sept 2010: Council voted to withold Sage Report, based on Dobrzynski's argument that it would jeopardise the health and safety of those employees who gave testimony on the belief that it would be kept confidential. |
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now |
7 Sept 2010: Media from previous day's Council meeting. |
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22 Oct 2010: Fair Work tribunal hearing for access to Sage Report: Council agrees to reissue the Allegations in full, in exchange for not releasing the full Sage Report. The Allegations were never reissued. |
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Mid-December 2010: Workers compensation tribunal hearing: Council agrees to suppress Sage Report from its own defence, instead of release it. |
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Mid-January 2011: Workers compensation tribunal hearing: Conflict between Council and Allianz Insurance: Council's decision to suppress Sage Report is incompatible with Allianz's desire to win the Workers Comp case; Allianz exerts Right of Subrogation, meaning that they control the decision. Pending..... but watch this space! |
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Dobrzynski's problems at previous job, Moorabool Shire Council |
Ombudsman Report of non-compliance with the Local Govt Act |
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now |
Media about Ombudsman Report |
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now |
Financial mismanagement issues |
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Animal Cruelty scandal |
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Other Scandals at Launceston involving Dobrzynski |
Flood Levies |
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City Prom |
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now |
Communiques |
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Museum ducts |
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Documents relating to Misconduct of Aldermen & Breaches of the Local Government Act
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While the documents relating to Aldermanic misconduct are presented below, the explanations of their significance can be found on the website of Patrick Filmer-Sankey, www.museummugging.com. See also the following page:
The Aldermen |
Alderman Ian Norton's Documents |
Alderman Norton's "Investigative Report", Feb 2008 - clearly demonstrates that he conducted an "investigation" under the banner of official Aldermanic business, which was later criticised by Ald. Ivan Dean as being untrue. Many of the assertions in this report are inaccurate -- See the Director's rebuttal. |
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now |
Director's Rebuttal to Alderman Norton's Feb 2008 Report -- refutes many of the assertions in Norton's Report |
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now |
Alderman Ivan Dean's Denial of involvement in, and legitimacy of, Ald Norton's "investigation" |
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now |
General Manager's Response to Norton's Report |
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now |
Letter from Alderman Norton, 20 Jan 2010 - clearly demonstrates that he knew he was breaching the Local Government Act by being involved in operational affairs (meeting with Tammy Gordon and conducting an investigation into my departmental affairs), and that he intended to keep doing it. |
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now |
Letter from Alderman Norton, 6 May 2010 - **************************** |
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now |
Tammy Gordon's statement that she met with three Aldermen |
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now |
Judy Rainbird''s statement that she met with Alderman Norton |
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now |
Statements and documents to LGA Conduct Committee |
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now |
Yachting trip with Dobrzynski in June 2010 - I have heard from Mr Filmer-Sankey, who was told by Wayne Chatwin (a QVMAG employee, and close friend of Ian Norton's), that Dobrzynski joined Norton for a daytrip on his yacht in June. I can't help but wonder what they spoke about... |
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Alderman Rosemary Armitage's Documents |
Alderman Norton's statement that Armitage and others had met with Tammy Gordon and had thoroughly Investigated the issue |
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now |
Alderman Armitage involved herself rather assertively into a matter regarding a former staff member (Lisa Bouton) and spider specimens |
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now |
6 Sept 2010: In the Council meeting pertaining to Mr Filmer-Sankey and the Museum, Ald. Armitage failed to excuse herself or acknowledge her conflict of interest, despite the fact that charges brought against her by Mr Filmer-Sankey were still pending. She voted against him. |
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now |
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Alderman Annette Waddle's Documents |
Alderman Norton's statement that Waddle and others had met with Tammy Gordon and had thoroughly Investigated the issue |
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now |
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Mayor Albert van Zetten's Documents |
Alderman Norton's Feb 2008 Report, cc'd to the Mayor - I am aware of no response to this issue. |
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now |
Ald. Norton's 20 January 2010 letter, cc'd to the Mayor - again, apparently no written response. |
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now |
Norton's 6 May 2010 letter, to all Aldermen - and yet again, apparently no response |
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now |
Promises made to public at 30 August 2010 meeting - Audio, link Youtube |
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now |
Audio & transcribed 6 Sept meeting |
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Council's final resolutions, 6 Sept |
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Media comments, that the bullying should have been taken care of sooner |
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Alderman Ted Sands's Documents |
Media comments about should have been taken care of sooner |
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Alderman Rob Soward's Documents |
Examiner article about accuracy of Dobrzynski's answers |
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now |
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MIscellaneous Documents relating to misconduct by Launceston City Council |
Transcript of Council Meeting, 6 Sept 2010 |
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now |
Patrick's complaints |
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now |
Sennin Charles's complaints |
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now |
Media from Boden and others |
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Nableton Report -- detailed study of denial of natural justice |
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The Parsley Report -- taxonomic analysis of the Sage Report |
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Documents relating to Discrimination by Launceston City Council & Breaches of Anti-Discrimination Laws
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For an overview of how these documents relate to each other relative to my case, see the following web pages:
DIscrimination
Allegations and Asperger's Syndrome
Bullying and Asperger's Syndrome |
Relevant Anti-Discrimination legislation |
*************** acts.... |
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now |
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Evidence of Disability Discrimination |
Allegations of Bullying and Harassment, 23 July 2010 |
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now |
Psychiatrist's report (Dr Ian Sale), noting medical condition as backdrop of the conflict, and flagging symptoms consistent with Asperger's Syndrome |
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now |
Diagnosis of Asperger's Syndrome by Prof Tony Attwood, the world expert on Asperger's in Women, 6 October 2010. |
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now |
My Reply & Rebuttal to Allegations of Bullying & Harassment, 20 October 2010 |
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now |
25 Oct 2010: Email from HR, not allowing me back in the workplace because of my behaviour, despite the fact that I was cleared of bullying and harassment; also in this letter, Council clearly refuses to make any attempt to accommodate my disability. |
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now |
25 Nov 2010: Despite my diagnosis from Attwood and their own doctor flagging it, Council interprets my Asperger's diagnosis as "preliminary only" |
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8 Dec 2010: Attwood's confirmation of my diagnosis |
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23 December 2010: Termination letter, still refusing to acknowledge my Asperger's, citing "Even if I were to accept that you may be experiencing personal issues that impacted on your behaviour..." - despite the fact that the charges against me were found to be false in the first place... |
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now |
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Treated Less Favourably and Singled Out |
Witch-Hunt Investigation |
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now |
Stood down and Vilified without right of reply |
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now |
Publicly Humiliated without right of reply |
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Not paid for 16 weeks |
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Actions against me not following the EBA |
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now |
Cut off from Council services, e.g. Employee Assistance Program |
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now |
Cut off from computer access the day before my defence submission was due |
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Other people not disciplined for unwashed coffee cups |
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Other people not disciplined for having a tattoo |
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Other people not disciplined for using bad language |
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Sexual Harassment? |
Craig Reid's comments |
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now |
Judy Rainbird's comments |
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now |
Robert Dobrzynski's comments |
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Termination Letter, 23 December 2010 |
Sacked not for any of the things I had been accused of, but because the employment relationship had broken down in the process - all the while, still maintaining that I am a bully and danger to the workplace |
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now |
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Documents relating to Breaches of the Fair Work Act
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Standing me down without pay more than 2 weeks (i.e., 16 weeks) |
Relevant Legislation: Enterprise Agreement |
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now |
Relevant Legislation: Fair Work Act |
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now |
Notice of Stand Down 2 weeks: 23 July 2010 |
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Notice of Stand Down indefinite: Not allowed to enter.. Aug.... |
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Notice of Stand Down indefinite: Denied access to personal property.... |
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Notice of Stand Down indefinite: Not allowed to speak to QVMAG.... |
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Notice of Stand Down indefinite: Not allowed back at work.... |
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Notice of Stand Down indefinite: Denied access to EAP.... |
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Notice of Stand Down indefinite: Allowed privileges of any other member of public, *****date (RST) |
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Treated Less Favourably |
*********************************** TO BE ADDED |
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Documents relating to Council's Negligence & Duty of Care
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****************** TO BE added |
**************************** |
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Miscellaneous other Documents
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******************** TO BE Added |
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Media Coverage of this Whole Sorry Affair
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For more media coverage, see also:
www.museummugging.com
You-Tube -- search on "Patrick Filmer-Sankey"
Google -- search on "QVMAG Filmer-Sankey" |
Museum head tipped to roll, ABC News, 7 Aug 2010 |
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now |
Museum director looks likely to quit next week, The Examiner, 8 Aug |
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Launceston museum meeting over director, ABC News, 9 Aug |
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Museum group shocked at news, The Examiner, 10 Aug |
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Museum chief expects to be sacked, The Examiner, 10 Aug |
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Museum head fights for job, ABC News, 10 Aug |
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Museum Director Vows to Fight On - ABC video online, 10 Aug |
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'Duty of care' the issue at museum, The Examiner, 11 Aug |
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Museum boss to pursue his own complaint, The Examiner, 11 Aug |
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Sweetnam to take over responsibility, The Examiner, 11 Aug |
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Launceston museum boss sacked, ABC News, 11 Aug |
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Queen Victoria Museum Director sacked, ABC video online, 11 Aug |
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Museum drama must be resolved, The Examiner, 11 Aug |
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Council chief seeks further museum integration, The Examiner, 12 Aug |
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The Forum, The Examiner, 12 Aug |
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Filmer-Sankey fired over staff problems, The Examiner, 12 Aug |
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Museum boss gets the sack, The Mercury, 12 Aug |
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The forum - HOT TOPIC QVMAG, The Examiner, 13 Aug |
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The forum - THE POINT IS___, The Examiner, 13 Aug |
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Dismay follows museum director sacking, The Examiner, 13 Aug |
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Saturday forum - Your say, The Examiner, 14 Aug |
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We'll handle museum with care mayor, The Examiner, 14 Aug |
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Museum future focus of meeting, The Examiner, 28 Aug |
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Council to review QVMAG, The Examiner, 6 Sept |
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Rob Soward letter - The forum, The Examiner, 14 Sept |
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Researcher wants check on position, The Examiner, 23 Oct |
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New museum chief named, The Examiner, 4 Nov |
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Historic display to open tonight at museum, The Examiner, 16 Dec |
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Sacked curator vows to fight, The Examiner, 11 Jan 2011 |
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Top News Story of the Week: Sacked Curator vows to fight |
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Councils stuck in mud and soapies - The Examiner, 13 Jan |
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