Campagnolo proves his case
Bonnie Doon Football Club has been found to have breached Victoria’s Equal Opportunity Act by sacking bisexual football trainer Ken Campagnolo in 2007.
The Victorian Civil and Administrative Tribunal found Campagnolo’s complaint of discrimination was proven but has refused to take any further action on the matter.
VCAT member Anna Dea said in her final judgement while she found that Campagnolo’s sexuality was a driving force in his sacking there were other issues at play.
“I am satisfied that Mr Campagnolo’s sexual orientation was a substantial reason for the decision made by the [Bonnie Doon FC] Committee that he should not be allowed to act as a trainer,” Dea said.
Dea stated the club had breached Section 65 of the Equal Opportunity Act which relates to discrimination in sports.
Campagnolo’s complaint of victimisation by then senior coach Darren Wellwood for making a death threat against him was dismissed.
Dea said she found three reasons the club had ended Campagnolo’s employment.
“Firstly his sexual orientation, secondly the individual committee members’ concerns about his judgement and past conduct, and thirdly the concern to avoid parents removing their sons due to the presence of Mr Campagnolo and thereby protect the viability of the under 17s team.
“In the circumstances of this case, I am unable to unravel these intertwined reasons and identify one as being more important than the other.
“In my view there were each substantial reasons for the committee’s decision.”
Boonie Doon FC Committtee members gave evidence they had concerns about Campagnolo’s past dealings with teenagers in the local area.
Club president Terry Dale said he would “keep an eye on” Campagnolo around the club because of persistent rumours he had shown 16-year-olds pornographic material and allowed them to drink alcohol in his home.
In Campagnolo’s claim for financial compensation, Dea found the discrimination did not impact on his income or ability to find employment.
VCAT has no rules of evidence. They can make a decision based on the VCAT member’s opinion of the colour of your shirt as a good solicitor once told me. VCAT needs reform.
Here you have a situation where rumour was allowed to be treated as fact. This was used as the basis of not taking further action.
Well what previous conduct did Ken do? If he had done any conduct that might end his employment he did have a right to have it presented to him prior to the termination of his employment. He did have a right for a warning. Where is the rule of evidence? What a load of bullshit.
I also ask, how can a man defend himself against the perception the club had that parents would be scared of a non heterosexual working for them. What sort of a finding is that from VCAT? We can now be sacked due a perception we identify with the GLBTQI community. Where are the rules of evidence?
I think the role of Beyond Help in this case has been one of the most shameful. They abused the power and influence they had on poor bloody Ken simply due to his sexuality. The Chairman and Ambassador Jeff Kennett’s comments left me sick in the stomach. The link is below about what he said.
Ken has gone through so much simply due to his sexuality. No person deserves what Ken has gone through. We all do not deserve Jeff Kennett or Beyond Help’s vilificiation.
http://www.heraldsun.com.au/news/national/kennett-gay-storm/story-e6frf7l6-1111117025363
so that’s how you can sack a gay man. create “rumors” about him being inappropriate, then you can sack him for his sexuality – a judge can find that being the case, but she doesn’t act on the matter!!! Basically this football club could do as it pleases and the legal system let’s them! A judgement to remember next time you are being faced with homophobia in the workplace….