Labor MP Kristina Keneally acted in an “unnecessarily harsh” manner in sacking former staffer Pierce Field without giving him a chance to explain his Me Too motivations, the Fair Work Commission has ruled.
After 18 months working as an electorate officer for Keneally, Field was fired in October last year after he contacted senior former Liberal minister Craig Laundy, alleging Laundy had behaved inappropriately towards former NSW Liberal candidate Natalie Baini, who had previously been in a relationship with Laundy.
Fair Work Commissioner Ian Cambridge ruled that contacting Laundy without Keneally’s approval was a “valid reason” for Field’s dismissal, although he should have been given an opportunity to defend himself. Field was awarded $1685 for two weeks’ worth of lost wages, reduced by 50% due to his misconduct.
“The misconduct in this instance was severe, but equally severe was the injustice occasioned by the deliberate denial of natural justice coupled with the prospect that may have emerged if the applicant’s active bystander obligations (aka Me Too) defence had been heard,” Cambridge wrote in his decision.
Field first met Baini at the AFL, where Baini worked as the cultural diversity manager and Field worked as Head of Umpiring for AFL NSW/ACT. He later worked as a volunteer for her campaign as an independent.
Baini has said she was in a consensual relationship with Laundy for two years, believing he was separating from his wife. Once she discovered this wasn’t true, Baini ended the relationship. She alleged this led her to be passed over as a federal candidate for Reid, with Liberal MP Fiona Martin endorsed instead. At the time of her relationship with Laundy, Baini was the vice-president of the Reid branch.
She complained about Laundy’s conduct to senior party leaders and Scott Morrison’s office but said she was ignored.
On October 20, 2021, Field contacted Laundy on behalf of Baini via text message. He was on leave at the time and said he told Laundy he was making contact in a “personal” capacity, not as a staffer for Keneally. Laundy and Pierce discussed Baini over the phone.
The next day, Field contacted Laundy again, texting: “Hi mate. Listen, I’ve received more evidence overnight … Personally, man to man, I would issue a public apology this morning owning the mess … People deserve to know the truth and my experience suggests people are more forgiving when they see some type of remorse. Happy to chat.”
Laundy then contacted Keneally, alleging Field’s messages were threatening and menacing. Field was sent an email later that day terminating his employment.
“I have seen the text messages sent from your phone to Mr Laundy,” Keneally’s email read. “I have given serious consideration to the events that have taken place and the seriousness of the allegations. I consider that your actions constitute serious misconduct warranting summary dismissal of your employment.”
The commission found that while there were a number of performance and conduct issues across Field’s employment leading him to be placed on personal leave on October 19, he should have been given written warning about his behaviour before being fired.
Ah! Kristine Keneally. aka Kriptonite. The gift that keeps on giving. She’s in danger of taking over from Eddie Obeid.
Do I sense a new series of “Wentworth”?
This is typical NSW Labor and KK – drunk on power, arbitrary, dictatorial, nasty and prone to make decisions first without proper procedure or full cognisance of the facts. If there were any justice it is KK that would be sued for this breach but as the industrial relations rules are so pathetic and deliberately so by the traitorous Labor govt (why would Libs bother with WorkChoices and face a real backlash when the FWA is just as good?), any victim of this bastardry should get recompense. Disgraceful. I told this to my local member – result: crickets! You think this lot, this evil corrupt NSW labor party will do anything as bold as to get Assange out? Laundy, the pub owner, has gone the coward’s castle way and told Peirce’s boss when, if he had concerns, should have gone to the Police. That would be more appropriate as it is really non-work related. I couldn’t
care if as a result Peirce went to jail. He is at fault for confronting Laundy and the matter should be handled outside of work. It is just that political staff are public servants under the Public Service Act and their behaviour, unlike that of their opponents, is legislated and there are severe penalties for infractions however minor.
We may all be thankful a person who acts by ‘shooting from the hip’ is not now the minister for Home Affairs. That’s a portfolio that needs judgement, understanding of process and a good sprinkling of compassion.
A #Metoo defence? For someone getting involved in what was obviously a personal relationship issue? Ms Baini gives the impression of a woman scorned.