The ousted former boss of the Australian Film Institute has made a major concession on the first day of his unfair dismissal case in the Federal Court, dropping a demand that he be reinstated.
Damian Trewhella’s unfair dismissal case over his removal in March from the not-for-profit organisation that runs the Australian equivalent of the Oscars, the AACTA Awards, included an application for an interlocutory ruling – a decision from the court that would apply temporarily before the trial has been heard in full – that he be reappointed to his $327,000-a-year job by next Monday.
But in a hearing in the Melbourne court that lasted just 30 minutes on Thursday morning, his lawyer confirmed that demand has now been dropped.
“There’s been a last-minute change of tack,” Trewhella’s barrister, Andrew Crocker, informed the judge, Justice Dowling. “I’m instructed to no longer press for interlocutory relief.”
The not-for-profit organisation announced the departure of its long-standing CEO on March 19. Later that day Trewhella said he had not stepped down or resigned from the role, and the matter was in the hands of his lawyers.
The following day, the AFI issued a statement clarifying that Trewhella had left the organisation he had headed for 18 years following a restructure that had made the role of CEO redundant. The terms of his departure have not been revealed, but because the AFI has fewer than 15 employees it is likely he was not offered a payout.
Trewhella has alleged that he was improperly dismissed after making a whistleblower complaint. The AFI denies this.
In a May 1 letter to his lawyers, the AFI’s legal representative, Elizabeth Lacey, issued a 75-point response to Trewhella’s claims. The document claims that since Trewhella’s departure, “numerous serious concerns relating to financial management and accountability” had emerged. Trewhella denies this.
A grey-suited Trewhella was in court for the brief hearing, as was Jo Smith, a membership-elected board member of the AFI who is alleging in a complaint to the charities regulator that she was bullied by chairman Jack Christian before being ousted from her position. (An AFI representative has previously denied there was any bullying).
Last week, three new members were appointed to the AFI board: Craig Campbell, creative director of Roving Enterprises; ABC executive Toni Skaife; and Daniel Monaghan, executive director of entertainment at Foxtel, and former head of programming at Network 10.
The AFI had a turnover of $6.6 million last financial year. All board member positions, including that of chair, are voluntary.
In their May 1 rebuttal of Trewhella’s claim, lawyers for the AFI said there was “no real prospect that reinstatement will be ordered” by the court because the relationship between Trewhella and the board had “become unworkable” and because “a restructure has already been implemented”, as a result of which the position of CEO no longer exists.
In withdrawing the demand for reinstatement, Trewhella’s side appears to have accepted that there is no prospect of him regaining his role.
Speaking outside court, Trewhella said his ambition with the case was simple.
“All I want is for this company to have good governance,” he said.
In its May 1 letter, Lacey & Co also claimed to have evidence that “Ms Smith and Mr Trewhella colluded to frustrate the proper governance of the AFI board” via a variety of means. None of these claims have not yet been tested in court.
The case is due to return to court on June 4.
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.
From our partners
Disclaimer : This story is auto aggregated by a computer programme and has not been created or edited by DOWNTHENEWS. Publisher: www.smh.com.au
