Complaint

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We refer to your to your letter of December 00 regarding the complaint made by Matthew Jones against the Pittwater RSL Club alleging that he was sexually harassed in his employment under the terms of the Sex Discrimination Act 184 and harassed on the basis of his disability under the terms of the Disability Discrimination Act 1.

Firstly we advise Pittwater RSL Club ("the Club") is an equal opportunity workplace. We enclose a copy of our Anti Discrimination and Harassment policy. This policy is affixed to numerous notice boards throughout the Club. All employees are made aware of the Club's policy.

As we understand the circumstances were as follows

1. The first alleged sexual harassment allegedly occurred in May or June 1. The second alleged incident occurred sometime in November, 1 and the rd and 4th alleged incidents were in February 000. Matthew Jones )"Matthew") has also alleged harassment on the basis of his disability. This alleged incident occurred some time in February, 000.

. It was not until 1th April, 000 (by the Union) that the Club was notified of an alleged sexual assault taking place. A full investigation was immediately carried out by the Club. The first meeting with the Club and Matthew was held on 17th April, 000. The police were also contacted on 17th April, 000.

. For the purpose of the investigation statements were obtained from

(a) Matthew Jones;

(b) Alex Chiam;

(c) Keith Wyllie;

(d) Joe Caruso;

(e) John Bali;

(f) Stephen Durrant;

(g) David Quinn.

These statements are enclosed.

The Dee Why police also obtained a statement from Matthew, and a copy of this statement dated 4 May 000 is also attached.

Although Matthew alleges specific incidents occurred in May or June 1, November 1 and April 0 April 000 that the staff at the Club noticed Matthew had become considerably stressed and then required leave from works We also note that at this time Matthew's girlfriend Amber Metcalfe had become pregnant and was causing Matthew considerable stress. An Interim Apprehended Violence Order was obtained on 0th May, 000 against Amber Metcalfe, copies of which are attached.

At no time was Matthew treated any differently to any other employee. To the contrary, the Club, by its senior management endeavoured to assist Matthew in all possible ways, especially dealing with the complaints made by Matthew.

In response to your particular enquiries we reply using the same numbering as follows

1. The Club is an incorporated association. Its ABN is 1 001 05 80.

. Matthew was employed by the Club from 4 March 1 until 4 January 00. Mathew was employed as a Chef under the supervision of Alex Chiam (Catering Manager) and Joe Caruso (Head Chef). A copy of Matthew's job description is attached. As the Club has one main kitchen, one holding (functions) kitchen and a coffee shop. Matthew was required to work in all the kitchens (as were all other persons working in the kitchen). We are unaware of Matthew's current employment status or his current contact details.

. Mr Alex Chiam was employed by the Club as Catering Manager from th March 1 until nd September 000. He resigned, as Catering Manager on his own volition. We are unaware of Mr Chiam's current employment status or his current address. Attached is a statement by Alex Chiam in relation to the sexual harassment allegations. Also attached is a statement from Alex Chiam dated 6th April 000 and a statement by Therese Newton, undated. We understand Matthew and Alex Chiam were friends, who socialised together, until 000, when the allegations were made by Matthew against Alex Chiam.

4. We confirm the allegations of sexual harassment were not brought to our attention until we received a call from the Union representative requesting a meeting with the Club with regard to the complaint made by Matthew. This was despite the alleged incidents occurring in May/June 1, November 1 and February 000. We also confirm the following events then occurred

· On Monday, 17 April 000 a meeting was held with Matthew and the police were also notified.

· The next Thursday, 0 April 000, a meeting with Alex Chiam was held and Mr Chiam was advised that his employment was to be suspended on full pay until the alleged claim had been resolved.

· On 6 and 7 April 000, statements were obtained from staff, including Joe Caruso, Keith Wyllie, Stephen Durant, John Bali and David Quinn (attached), to investigate the allegations made by Matthew.

· On 4 April, 000 a meeting was held with Dee Why Police, Matthew and the Club.

· On 7 April 000 the Club received a medical certificate from Matthew certifying that he was unfit for work 7 April 000 to May 000 (a copy of which is attached). The certificate states he was "suffering from a medical condition".

· On 8 April 000 Matthew was advised in writing that a meeting was requested between himself and the Club regarding the allegations. The Club had concluded that there was no foundation for the allegations and Matthew was advised that he was suspended from employment until a meeting could be arranged and the matter resolved.

· On Monday 1 May 000 the Club received a medical certificate from Matthew certifying he was unfit for work 1 May 000 to 1 May 000. There was no reason stated on that certificate (attached).

· On 15 May 000 the Club received a fax from Matthew requesting annual leave commencing on the completion of his medical certificate.

· On 5 May 000 the Club received a Workcover certificate from Matthew certifying he was "totally unfit for work from 7 April 000 to 5 June 000" (attached).

· On 5 May 000 the Club was informed by Dee Why Police that Matthew had made a formal statement and a full investigation would be carried out, interviewing all persons mentioned in Matthew's statement. To our knowledge and as informed by Dee Why Police no charges were made against any persons.

We advise Matthew was only suspended from work (on 8 April 000) after the Club had concluded that there were no foundations for his allegations and on the basis that it was temporary until a meeting could be held with him and the matter resolved. Matthew was suspended from duty on full pay (8 hours per week).

On 8 July 000 Matthew and the Club signed an Agreement to work alternative hours (attached) and on 8 August 000 Matthew commenced working a 6 hour week, but was paid a 8 hour week, as per the Agreement. This arrangement continued for some time, until May 001 when Matthew began to take considerable time off for sick leave and annual leave. Leave taken was as follows

8.04.00 Suspended from duty with full pay.

0.07.00 8 hours sick leave paid.

7.11.01 Sick leave of 8 hours taken.

1.0.01 Sick leave of 8 hours taken.

16.04.01 Sick leave of hours taken.

8.05.01 hours sick leave paid.

04.06.01 8 hours sick leave paid.

11.06.01 64 hours sick leave paid.

18.06.01 14 hours annual leave paid.

5.06.01 8 hours annual leave paid.

0.07.01 8 hours annual leave paid.

0.07.01 8 hours annual leave paid.

16.07.0 8 hours annual leave paid.

.07.01 8 hours annual leave paid.

0.07.01 8 hours annual leave paid.

5. Attached is a Chronology of events relating to Matthew's employment at the Club, including dates that he was at work and dates that he was not, including copies of any Medical Certificates received. A return to work proposal was adopted for Matthew in order that he could return to work. Enclosed are

(a) Return to Work Proposal for Matthew.

(b) Letter to Matthew dated 8th July, 000 advising of a revised roster.

(c) Agreement to adopt alternative pattern of hours.

(d) Letter to Matthew from the Club dated June, 000.

(e) Letter to Matthew from the Club dated January, 00.

(f) Letter to Matthew from the Club dated 18 January, 00

(g) Letter to Matthew from the Club dated 0 January, 00.

The Club went to considerable effort to accommodate Matthew so that he could continue working. Unfortunately this arrangement did not appear to work for Matthew as considerable time was taken off work by him, as evidenced above. Finally, after the Club had made all possible attempts to accommodate Matthew, it had no alternative but to terminate his employment, as seen by the letters dated , 18 and 0 January 00 above.

6. We will obtain a statement from Joe Caruso and send it to you, as soon as Mr. Caruso returns from annual leave on January, 00.

7. Attached is a copy of the Club's Anti Discrimination and Harassment Policy.

We confirm the Anti Discrimination Policy is affixed to numerous notice boards throughout the Club and all employees are made aware of the Club's policy. We also advise the Club is an equal opportunity employer. Employees are employed on the basis of their experience and they are promoted on the basis of credit. The Club employs people of different nationalities, age, abilities and does not permit discrimination in any form. The Club would never have permitted any harassment of any form was it brought to their knowledge. As soon as Matthew brought the allegations to the attention of the Club the matter was addressed immediately.

The Club undertook a fair and lengthy investigation into Matthew's allegations and concluded that there were no foundations for his allegations. Despite this conclusion the Club continued to employ Matthew and make considerable payments of sick leave and annual leave to Matthew.

Despite considerable efforts being made by the Club for Matthew to return to work, and special arrangements being adopted by the Club in order that Matthew could work at times that suited him, (and an extra two hours being paid), Matthew did not return to work after May 001. It would appear that Matthew was under considerable stress and this affected his ability to work. We also note Matthew was involved in Family Law proceedings commenced by his girlfriend Amber, in relation to their child. We enclose a copy of a Subpoena addressed to the Club, dated December, 00. We also note that Matthew has previously instituted proceedings for unfair dismissal which were unsuccessful (orders attached), and that Matthew has previously commenced proceedings against his former employer Bathurst RSL. However as Matthew reused to return to work despite numerous requests, the Club had no alternative but to terminate Matthew's employment on 40 January, 00 (letter attached).

Please let us know if you require any further information.

Yours faithfully

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