Sacked bisexual football trainer Ken Campagnolo has vowed to fight on despite his latest case against Benalla and District Football League again being overturned on appeal.
Campagnolo was pursing the league for not stepping in to assist him when he said he was sacked by Bonnie Doon Football Club in 2007 for being bisexual.
The case was on appeal as a result of orders Supreme Court Associate Justice Melissa Daly made in April. She ruled in favour of an initial VCAT strike-out which ordered Campagnolo to pay costs of over $15,000 to the League.
Campagnolo had taken the VCAT case against the League to the Supreme Court earlier this year over a point of law under Victoria’s Equal Opportunity Act.
Supreme Court Justice Hartley Hansen ruled Campagnolo did not have a strong enough case for the League to be called to account.
-œIn my view the submission is altogether too far-fetched … and speculative [that the League be held responsible], he said.
-œThe simple fact is that the League did not do (or omit to do) any act that excluded the appellant from participating as a sports trainer with Bonnie Doon, or otherwise discriminated against the appellant on the basis of his sexual orientation.
Campagnolo said he was greatly disappointed with the decision. He is currently on Centrelink benefits and is again living rough.
-œThings aren’t good… but I’m still fighting, he said.
Court action over the last few years has taken a toll on his life, with employment becoming difficult because of the number of times he’s had to leave work for court appearances.
-œWhy is it such a battle, when it is illegal in Australia to sack someone because of their sexuality? he said.
-œAll they want me to do is put up my hands and walk away.
Campagnolo represented himself during the VCAT hearing but had legal representation during the appeals in the Supreme Court.
He has two remaining VCAT cases against the Department for Sustainability and Environment and the Bonnie Doon Football Club for sexuality discrimination.
A three-day VCAT hearing against Bonnie Doon Football Club has been scheduled for December 7.