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According to a report from Georgina Robinson in the Sydney Morning Herald this morning, the Australian Rugby Union have had an application to permanently stop former staffer Di Patston’s claim of adverse action under the Fair Work Act.
According to Robinson, Patston is claiming for compensation, having engaged a personal injury law firm to represent her in the case. It seems that the ARU will fight the claim, which relates to her treatment when she was working at the ARU last year.
The ARU had applied to have Patston’s claim quashed, but this was rejected by Judge Angelo Vasta in Brisbane’s Federal Circuit Court on Monday.
Robinson reports that the matter will now be taken to a hearing on June 2 unless the two parties can settle out of court.
Robinson says Patston was not present at court, and has applied for a breach of s351 under the Fair Work Act.
Kurtley Beale is at the heart of the drama, having sent an offensive text message about Patston to her phone.
According to internal investigations conducted by the ARU, the findings of which were laid out in their summary of events towards the end of last year, Beale did send one text, but was not the sender of a second, more offensive text massage.
The findings in relation to Beale from the ARU were:
1. Kurtley Beale has been found to contravene the Code of Conduct, in that he sent an offensive photograph to an ARU employee and also to members of the Waratahs Rugby team.
2. It is important to note that the evidence did not establish that a second, and more offensive, text and photograph had been sent by Mr Beale. Nonetheless, we consider there has been a serious violation of the Code of Conduct.
3. Mr Beale has conceded that he has foolishly breached the Code. He has however shown remorse both publicly and to the ARU employee concerned, and this is taken into account.
4. The Tribunal has discretion as to the sanction to be imposed for the breach. Taking into account the conduct, the unpleasant consequences that this episode has caused for the ARU Employee and Mr Beale, Mr Beale’s contrition, and the fact that he has effectively been suspended from recent matches already, we consider that a substantial fine is the appropriate sanction. The fine imposed will be $45,000.
Beale was then fined an additional $3,000 on top of this.
The identity of the second texter was never revealed.
Patston has spoken to the media since the ordeal, and has admitted it took a large toll on her emotionally.
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