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The cap for compensation for unfair dismissal is about $87,000.

$250,000 seems a bit over the top.

Btw, no matter how good the case for the employer is they usually offer something to go away because the costs and the time and effort to defend them are very considerable.

It's very interesting wording by Browne saying that they will now offer nothing. That's a pretty confident statement (or delusional....lol) and to me indicates that he thinks it's a shake down.
 
Herald Sun yesterday:
Mr Cleaver declared: ā€œAll I can say is that honesty and integrity are two of my core values and I would never waver on them.ā€
The Herald Sun can reveal Mark Cleaver reached out to two senior footy journalists in April to blow the whistle on the alleged behaviour of Magpies chief executive Craig Kelly, days after an internal investigation had cleared the 1990 premiership defender of wrongdoing.

Mr Cleaver is understood to have denied getting in touch with the media.
So the Herald Sun confirmed he approached them which he denies but honesty is his core value.

Herald Sun 2 days ago:
ā€œMr Kelly said ā€˜going to the cafĆ© to get hot cross buns, are you?ā€™ Mr Cleaver said ā€˜maybe later, Iā€™ve got work to doā€™ and struggled to extricate his hand from Mr Kellyā€™s hand. After Mr Kelly left, Mr Cleaver got an icy pole from the fridge to use as an icepack to reduce the pain in his hand.ā€

What the hell is going on?
We are an elite football club and we don't have ice packs, ice machines or ice baths?
We have to resort to using icy poles?

Fecken grifter.
 

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But where's the scandal nothings been proven

ā€œBy making this statement we are in no way suggesting that the allegations are true, only that they have been made in documents before the court".

they've gone early which was my point

Scandals donā€™t require things to be proven.

And even when we get a court ruling, that wonā€™t necessarily mean that what is alleged did or didnā€™t happen.
 
Actually, maybe itā€™s not.

If theyā€™re really concerned about the exposure and pain, walk away silently without a press release.
Seems to me a little more kerosene on the fire.

As for the $20k settlement.
The no win no fee guys would hardly be able to pay their publicist with that ā€œwinā€. They need a bigger number for the maths to work.
I reckon Cleaver might be getting punked by his lawyer as well.

It's Collingwood in the midst of a scandal - there was no way of walking away siliently. I thought their press release was good.
 
The cap for compensation for unfair dismissal is about $87,000.

$250,000 seems a bit over the top.

Btw, no matter how good the case for the employer is they usually offer something to go away because the costs and the time and effort to defend them are very considerable.

It's very interesting wording by Browne saying that they will now offer nothing. That's a pretty confident statement (or delusional....lol) and to me indicates that he thinks it's a shake down.
I have no idea about unfair dismissal cases, but if that is what this is, how does Kelly's alleged behaviour come into consideration? Isn't the issue whether Cleaver was wrongly dismissed?

So isn't the only question whether Cleaver's conduct was adequate grounds for dismissal?

Or is there a separate claim about Cleaver suffering damage because of the work environment?
 
I have no idea about unfair dismissal cases, but if that is what this is, how does Kelly's alleged behaviour come into consideration? Isn't the issue whether Cleaver was wrongly dismissed?

The issue appears to be how to get Collingwood to pay money to Cleaver (whilst remunerating his lawyers) by whatever means.
 
I have no idea about unfair dismissal cases, but if that is what this is, how does Kelly's alleged behaviour come into consideration? Isn't the issue whether Cleaver was wrongly dismissed?

So isn't the only question whether Cleaver's conduct was adequate grounds for dismissal?

Or is there a separate claim about Cleaver suffering damage because of the work environment?
Good question.

I'm not sure how it all fits in either, because you are correct in that the only issue that should be in dispute is whether there were adequate grounds to dismiss.

There can be separate proceedings for damages for injury caused by an unsafe work environment but an unfair dismissal claim is not the place for it.

I can only assume that the two things are somehow allegedly tied together. I can only guess that Cleaver will allege that this conduct somehow relates to some other event(s) that then led to his termination. It's so hard to really know what the hell is going on without more info.
 
I am sticking with the club at this stage.
From what I understand the allegations were raised with the club by the complainant, allegations which were taken seriously and as a result they were investigated twice by 2 separate persons and no cause for any action to be taken was found.

"Mr Browne said the allegations had been investigated "very thoroughly by our head of people and culture" (Galit Yaary), before (sic)he referred the matter to a third party who "confirmed the findings".

"I also referred those factual findings to an external expert in workplace relations. The findings were that there was no illegal conduct identified in the complaint," he said.

"Following that, the complainant lodged an application in the Fair Work Commission ā€¦ There was a mediation, the mediation was unsuccessful in resolving the matter, and as a consequence of that, the complainant has now issued the proceedings in the Federal Court.""

Simple unfair dismissal case with racism for emphasis.
 
I am sticking with the club at this stage.
From what I understand the allegations were raised with the club by the complainant, allegations which were taken seriously and as a result they were investigated twice by 2 separate persons and no cause for any action to be taken was found.

"Mr Browne said the allegations had been investigated "very thoroughly by our head of people and culture" (Galit Yaary), before (sic)he referred the matter to a third party who "confirmed the findings".

"I also referred those factual findings to an external expert in workplace relations. The findings were that there was no illegal conduct identified in the complaint," he said.

"Following that, the complainant lodged an application in the Fair Work Commission ā€¦ There was a mediation, the mediation was unsuccessful in resolving the matter, and as a consequence of that, the complainant has now issued the proceedings in the Federal Court.""

Simple unfair dismissal case with racism for emphasis.
Good summary but missed two *.
  1. Collingwood internal review
  2. External review of our review
  3. * VicPol review
  4. Fair Work Commission
  5. * AFL Integrity Unit
  6. Federal Ciircuit and Family Court
  7. Also tried to go to the papers but none wanted to publish/pay for his story
 
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Good summary but missed two *.
  1. Collingwood internal review
  2. External review of our review
  3. * VicPol review
  4. Fair Work Commission
  5. * AFL Integrity Unit
  6. Federal Ciircuit and Family Court
  7. Also tried to go to the papers but none wanted to publish/pay for his story
And the complainant asked for $250,000 to make the allegations go away ..
 
I assumed that was part of the mediation in the Fair Work process?
I guess. Just thought mentioning the actual amount of dollars asked for was worthwhile šŸ˜‰

* Do we know if the complainant asked the media for any $$ when they took their allegations to 2 journo's??

* Edit : I just saw that you also asked that question too.
 
Good summary but missed two *.
  1. Collingwood internal review
  2. External review of our review
  3. * VicPol review
  4. Fair Work Commission
  5. * AFL Integrity Unit
  6. Federal Ciircuit and Family Court
  7. Also tried to go to the papers but none wanted to publish/pay for his story
The VicPol investigating doesn't count - as assault would be the only grounds - and whilst the rest of the allegations sound bad, a too heavy handshake, dig in the ribs, forceful ball toss - assault? Nah.
 
I have no idea about unfair dismissal cases, but if that is what this is, how does Kelly's alleged behaviour come into consideration? Isn't the issue whether Cleaver was wrongly dismissed?

So isn't the only question whether Cleaver's conduct was adequate grounds for dismissal?

Or is there a separate claim about Cleaver suffering damage because of the work environment?


maybe they figured if they make enough accusations the club would settle so it went away.
 
Good question.

I'm not sure how it all fits in either, because you are correct in that the only issue that should be in dispute is whether there were adequate grounds to dismiss.

There can be separate proceedings for damages for injury caused by an unsafe work environment but an unfair dismissal claim is not the place for it.

I can only assume that the two things are somehow allegedly tied together. I can only guess that Cleaver will allege that this conduct somehow relates to some other event(s) that then led to his termination. It's so hard to really know what the hell is going on without more info.
protected attributes under FWC re any adverse action
 
And the complainant asked for $250,000 to make the allegations go away ..

If the complainant is truly a person of principle, they wouldnā€™t mind that all settlement moneys be directed to an independent charity. Thatā€™d shutdown any suggestion that their motives are anything less than pure.
 

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