First Appeal (DAB)
Disciplinary Appeals Board
The appeal was to be heard by the Disciplinary Appeals Board. (DAB)
DAB was composed of 3 members ,
A representative of Telstra Management,
A representative of the Union concerned,
An "Independent" Chairperson paid by Telstra and constantly used by Telstra in that capacity.
At the time of the "Please Explain" MV was candidate for CPSU State Secretary.
At the time of the charges MV was candidate for CPSU delegate to Trades Hall
Management Bullying and violation of Workplace Relations Act
14th May 1997 MV was verbally attacked in the workplace at his phone by Kelly Simpson. In the presence of his fellow workers and in the hearing of customers he was accused of "having interfered with the democratic process" in that he had spoken to a non union member of staff and had influenced her opinion. MV asked for the name of the person concerned it was refused. MV asked for the instruction in writing, it was refused. MV asked a number of times for KS to cease the harassment of him as a union representative. MV then informed her that she was in violation of the Industrial Relations Act, Human Rights Act and the Telstra Code of Conduct. MV then laid 8 charges against KS with the NTC Manager Robert Holland the complaint was signed by two independent witnesses. On the 22nd July he replied that all charges were dismissed by Robert Holland who stated that there was insufficient evidence on all charges.
The CPSU was aware of the events. MV requested legal assistance both as a union member also as a Union representative.
Surprised at the cool reception from the union
MV pressed the issue at the State Conference at which he was a delegate
The conference required the national executive to give legal support in the case
MV was sent to the union solicitors.
3 times MV walked out on the lawyer stating that the attitudes expressed really belonged with an employer organization
MV so concerned that called Law Institute asked for name of legal expert in area of unfair dismissal was given the names of 3 and a free half hour consultation with the chosen one
From the list chose a Phillip Dinning.
Gave Dinning information and documentation told him has no funds
PD states was so concerned that he would give advice and assistance for free (pro bono) up to the point where his firm would incur cost.
PD advice was that the charges were very badly drafted and "impossible to answer"
He states that the matter was "of major concern to the CPSU , and all other unions."
He further states "the proper function of a union delegate is being interfered with by Telstra and Telstra is attempting to fetter that function by the laying of charges which are both unfair and invalid"
He also considered that there were beaches of Natural Justice
MV sought to have Mr Dinning recognized as his solicitor by the CPSU that was denied and MV was forced back to the union’s solicitor.
2 days before the DAB hearing MV was called in the evening to the office of the barrister.
At the end of the briefing MV being open and honest in his dealings revealed that he was a member also of the CEPU and the Media Arts Alliance and that there was likely to be another solicitor at the hearing.
There was a look which passed between the two which MV wondered about
The next day at 4 PM MV received a call from the Union solicitor who stated that after MV has left they had a long talk
Result they felt there was something he should know though it should make no difference to the case
Conflict of Interest
TELL ME ! The barrister’s wife works for Telstra, but it should not make a difference. What does she do ? You guessed it she is a lawyer with Telstra.
MV response get me another barrister NOW.
On investigation MV discovered that the particular Solicitor and Barrister had been friends for years and had a radio program together.
Next morning MV briefed a new barrister in the car park
This is this very young barrister’s first case in the Industrial Relations Area.
Given the structure of the board MV is not hopeful of a positive result
DAB Hearing was held on 31/7/97, 1/8/97 and 5/8/97
Team manager Carl Anthony
Group Manager Kelly Simpson
Centre Manager Robert Holland
Personnel Manager Simon Woodyard
Telstra Legal Counsel Renato Marasco
It is believed that Rob Cartwright (originally from CRA) orchestrated the case from the Telstra sidelines though he later denied ever having heard of me when we met face to face at a Telstra AGM. I find this proposition to have a creidbility gap.
Chairperson Judy Bretherton
Telstra Rep Bill McLeod
CPSU Original Nominee Steve Ramsey who for some reason was replaced by Ruth Barton
Expressions of Support
Letter of support received from Australian Civil Liberties Union. They prima facie suggested it was a court of "Star Chamber" and Telstra of using "bully boy" tactics to silence a whistleblower and "a violation of free speech".
The Branch secretary of the CEPU Len Cooper came to the hearing and tendered a letter which stated that their union (of which I was a dual member) They had members at Burwood and the CEPU said (their) interests have been more than adequately represented by Mr. Vogt". They also stated that they encourage their reps to prepare and distribute information in the workplace.
The CPSU forced MV to ask Len Cooper secretary of the CEPU to leave the hearing or they would withdraw legal assistance from MV.
At the start of the proceedings Telstra had tried to change the wording of 3 of the charges. Even the DAB would not permit them to change charge 5 in such a manner that it was in nature a different charge.
Why Telstra was permitted to reword the charges is still not clear to me
During the proceedings Telstra had to withdraw charges 2 & 3 (Policy charges)
The DAB would not permit them to proceed with charge 5 (fear & insecurity)
Closing Argument on behalf of Telstra
Closing Argument on behalf of Vogt
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