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NEWS, UPDATES & CURRENT EVENTS

 

This is where I will post news and updates. Things are moving fast at the moment on numerous fronts. Check back to follow progress on:

The Australian Human Rights Commission's investigation

No updates at this time.

 

The Fair Work Commissioner's investigation

11 March 2011. We had our meeting near the end of January, and he got back to me about 2 weeks ago to tell me that he "was unable to substantiate my claims of discrimination and breaches of the Fair Work Act". When I asked him where the investigation had failed to find breaches, it got a bit bizarre. He said that Council told him in a "chronology of events" that they were unaware that I had Asperger's Syndrome before I was stood down both times and dismissed. But this was utterly inaccurate. He said that if I could substantiate this, that he would re-open the investigation, and that that would make a big difference. So I sent him heaps of substantiation, and I am now waiting to hear on progress.

As for the issue of the breaches of the FWA, this related to Council breaching the Enterprise Agreement, and Section 50 of the Fair Work Act that states that an organistation must follow the EBA. Our EBA states that an employee cannot be stood down more than 2 weeks without pay, without a police investigation. I was stood down without pay for 16 weeks. Council claimed to the Commission that that was because I was unable to respond to the allegations, and therefore, it was not their fault - I was unfit for work.

But this too is untrue. I was unfit for work until the 20th October, after which time I was fit to return to work. But Council refused to allow me back to work, insisting that my condition (i.e., Asperger's) made me a danger to the workplace -- which is ridiculous. Nonetheless, they refused to pay me for the next 9 weeks, at which point they sacked me. That 9 weeks of being stood down without pay was a direct breach of the EBA, and therefore of the Fair Work Act. Now that this too has been clarified to the Commission, I am awaiting a reply.

So watch this space!

 

My Workers Compensation claim

11 March 2011: We obtained a court order on 1 March 2011 to obtain the Sage Report within 7 days. I presume we have it by now, but I have been 'under the weather' and have not had a chance to follow up with my lawyer. As part of the conditions for obtaining the Sage Report, I had to agree to remove my staff's complaint documents obtained on 23rd December (See Petty Gripes and Complaint Documents pages). I will attempt to obtain the right to make them public under other legal proceedings, so watch this space!

As for the Sage Report itself, I presume that two things will be contained within it, which will strenghten my legal cases:

1. I believe it will demonstrate my innocence from the start of the bullying charges. Mr Dobrzynski and the Launceston City Council have maintained that the Sage Report 'proves' my guilt, and have stated it repeatedly to the media and in public Council meetings; however, they have fought hard to keep it secret from me and from the public to back up their claims (See my page on the Sage Report). I have already been exonerated by Council's own lawyer (See Mr Dockray's findings on the Allegations), and I believe that the Sage Report will demonstrate that Council acted negligently and vindictively, and that I never should have been charged in the first place.

2. I believe that it will demonstrate not only wrongdoing relating to the charges against me, but also wrongdoing on the part of Council in other ways. There has got to be some huge reason that Council has fought so hard to keep the report from me, and now that they have to give it to me, that they have fought so hard to keep my gagged about it. Perhaps the Report substantiates wrongdoing by the Aldermen or Mayor. Perhaps it reveals wrongdoing of Human Resources, or the General Manager himself. I don't know what, but I think it will be big.

So watch this space!

 

The Right to Information appeal for the Sage Report

11 March 2011. I am expecting to receive Council's reply to my Appeal through the Tasmanian Ombudsman within the next few days. This should be interesting! Council's original rejection was based on their assertion that it was under legal professional privilege. However, they had already given it to Dr Ian Sale, who used it to inform his opinion against me. And they had read from it publicly, to turn the Friends of the Museum against Patrick Filmer-Sankey and me. So it wasn't exactly protected by privilege. And now, they are giving it to me under Court Order by the Worker's Compensation Tribunal, so it definitely isn't protected. I am curious to see what they come up with next...

Watch this space!

 

The Mayor's hearing on misconduct charges

No updates at this time.

 

and other things....

No updates at this time.

 

... And for more information, check Patrick Filmer-Sankey's website: www.museummugging.com

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