With the fallout over The Monthly slowly departing from the nation’s broadsheets, the battle could be about shift to the courtroom, with word reaching Crikey this morning that former editor Sally Warhaft has engaged Josh Bornstein of employment law specialists Maurice Blackburn to represent her.
Crikey contacted Bornstein, who confirmed that he had been engaged by Warhaft, but the high flying IR specialist refused to reveal what if any action Warhaft might take against her former employer Black Inc.
Warhaft famously departed The Monthly 12 days ago amid a spat over editorial control, with editorial board members, including chairman Robert Manne, recounting a breakdown in relations that reached boiling point over a decision to commission an essay by Peter Costello.
So far, Warhaft has maintained her silence. When asked last Friday whether she had entered into a confidentiality agreement with Black, Warhaft took the Fifth, telling ABC Melbourne radio host Jon Faine that, “I can say whatever I like, but I choose to say nothing. I have nothing to add.”
If such an agreement existed, say legal sources, it could form the basis for legal action.
Slater and Gordon Associate Chris Haan told Crikey that there were various aspects of the Warhaft’s case that could pique Bornstein’s interest. Her employment contract, in particular, will be heavily scrutinised, although this would probably turn up nothing.
“Most employment contracts are terminable on notice”, Haan said.
“Provided the employer pays the period of notice then they can terminate the contract for any reason. If her contract provided for 1 month’s notice, provided her employer paid it out, she would have no legal recourse under her contract.”
It remains unclear whether Warhaft was sacked or resigned.
Warhaft might be on firmer ground over issues of perceived sexism. A long-term observer of Melbourne journalism told Crikey last week that the departure could be traced to “two middle aged bores who can’t stand it when a smart young woman answers them back.”
“Depending on the facts, Sally may be able to claim that she was unlawfully terminated for reasons which included her s-x under the Workplace Relations Act,” Haan said.
If successful, Warharft would be able to claim maximum compensation of six months’ pay or $53,200 (whichever is lesser), and a maximum penalty of $10,000.
But both unlawful termination and s-x discrimination would be difficult to prove with Schwartz likely to claim that Warhaft was terminated because of disagreements about how The Monthly should be run.
Schwartz told Crikey as much last week: “There were issues with Sally. Sally was very difficult to work with. She was controlling, inflexible. She refused to discuss, that was the problem. She became brittle about it.”
Warhaft would be unable to claim any unfair dismissal right, because Blank Inc employs less than 100 workers.
Bornstein shot to fame during the MUA dispute on Melbourne’s waterfront, representing the union in its struggle against Patrick Stevedores and the Howard Government. He was recently portrayed working hand in glove with Julian Burnside in the ABC hit mini-series Bastard Boys.
The latest revelations come in the wake of another salvo fired yesterday by Black Inc Managing Director Chris Feik via The Monthly’s email alert list. In his new role as “Acting Editor”, Feik pointedly said that The Monthly was “surprised and gratified” to have been offered an essay by Prime Minister Kevin Rudd for publication, the specific wording suggested by Manne that had widened the rift with Warhaft.
“We thank her for her fine work and wish her well in the future. The Monthly will appoint a new editor soon and continue to make its unique contribution to Australian culture”, Feik added.
When you have a story but nothing to go on what is a poor journalist to do?
Speculate endlessly about a whole lot of ‘what-ifs’ that’s what.
Dear Crikey,
Enough please of this complete nonsense surrounding “The Monthly”. It is very frustrating.
The pieces included in the daily email over Warhaft’s departure provide the publication with far more publicity than it deserves. Please note that “The Monthly” is not a significant publication. The only people that appear to be interested in this situation are friends and family of the various protagonists and former and current employees.
Enough already Crikey,
Thanks again
Andrew Williams
Enough is enough.
Two middle-aged male bores suffice. No need for Crikey to toss a few more onto the stage at this time. This issue has been done to death.
I wish the Monthly well. Creative enterprise will always be a rocky road.
I am enjoying the furore enormously because the protagonists are the Left’s ‘usual suspects’ who ” howl” long and hard about work place relations, unfair dismissal and quality journalism.
I think Sally probably did get the rough end of the pineapple and I wish her well. The only thing I would encourage her NOT to do is play the ‘gender’ card.
She got up the noses of Manne et al, because she dared to disagree with them. However, I think the same fate would have befallen an “inflexible” male. I think she should take them to the cleaners on that basis.
No one really has a clue if there are big ishoos at stake in this saga, but it looks like a routine media falling out. An incestuous, status-conscious little world. I hold no brief for The Monthly (I’m not a subscriber), however it publishes a lot of good stuff and it would be a shame to let lawyers salivate all over it. It’s not as if Australia has a surfeit of interesting magazines. Damaging The Monthly is self-harm. Several original expressions come to mind: cold shower, moving on, closure, going forward. Betta than vendetta. Perhaps a cathartic weekend together at the Marysville caravan park? Would do wonders for perspective.