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<\/p>\n\u201cThe application is out of time and should be dismissed.\u201d<\/p>\n
Tennis Australia also argued that the officials did not have their employment terminated but were \u201cmerely ineligible\u201d to be offered shifts at tournaments because their registrations had been annulled.<\/p>\n
The Australian Open organiser said it had not taken action against them as employees but as directors of Tennis Officials Australia, and they had not exercised workplace rights.<\/p>\n
Tennis Australia intended to produce evidence from its employees, officials and other Tennis Officials Australia directors about the \u201cextent and impact of the applicant\u2019s unprofessional behaviour\u201d, its lawyers said in its response to Mak\u2019s complaint.<\/p>\n
\u201cThat evidence will assist it to demonstrate the appalling way in which the applicant has behaved, and support its position that the substantial and operative reason for acting was the applicant\u2019s unprofessional behaviour, and not the mere fact of the newsletters being sent or issues being raised,\u201d they said.<\/p>\n
Tennis Australia director of pathways and tennis services, Lawrence Robertson, wrote to match officials this month that the sport\u2019s governing body had been cleared by a WorkSafe inspection and had acted against the four Tennis Officials Australia directors because \u201cTA team members were receiving multiple emails a week from them and finding their behaviours threatening\u201d.<\/p>\n
\u201cEveryone should feel comfortable to raise an issue or concern at any time without fear of retribution. However, when doing so, it\u2019s important you act in a professional and respectful manner,\u201d he said.<\/p>\n
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The Australian Open attracts the best tennis players in the world to Melbourne each January.Credit: Getty Images<\/p>\n
The Robertson email angered the ousted directors, who deny harassing or threatening Tennis Australia staff or other officials, and Mak days later fired off a defamation concerns notice, the first stage in defamation action, on their behalf.<\/p>\n
The board members of Tennis Officials Australia have since informed members that they will be stepping down.<\/p>\n
Tennis Officials Australia once controlled the appointments of match officials at Australian tournaments but for the past decade it had been a member-based advisory body to Tennis Australia which took charge of officiating in 2015.<\/p>\n
Relations broke down this year after it sought to address issues such as selection transparency and workplace safety concerns on behalf of tournament officials and Mak reported an \u201capparent unwillingness to engage with the board\u201d from Tennis Australia.<\/p>\n
The Tennis Officials Australia directors claimed in later newsletters that \u201cmultiple credible reports describe selection processes being effectively \u2018rigged\u2019\u201d and accused Tennis Australia of \u201cattempting to control member communications\u201d and \u201ccoercive conduct toward TOA leadership\u201d.<\/p>\n
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They also presented Tennis Australia with a 30-page report centred on allegations of bullying and victimisation against a tennis employee in Adelaide.<\/p>\n
A subsequent Tennis Australia-commissioned investigation substantiated a finding that the employee had referred to South Australian match official Marija Lentic as \u201cunstable\u201d in conversation with other officials.<\/p>\n
Lentic, who sits on a women in sport advocacy group and is a two-time state official of the year, had been working at the Australian Open in January when she was told about the comment and was so distressed she immediately left the grand slam event.<\/p>\n
According to the investigator, while some of the behaviour could be seen as \u201cinsults\u201d or \u201cteasing\u201d, Tennis Australia did not consider that it amounted to bullying and Lentic was selected to work alongside the employee at this summer\u2019s Adelaide International and not at the Australian Open.<\/p>\n
She has withdrawn from officiating at the Adelaide event.<\/p>\n
Tennis Australia said in a statement to this masthead that it had gone to great lengths to ensure \u201ccomplaints and issues are investigated fairly and thoroughly\u201d.<\/p>\n
\u201cHowever, this year we have faced the unusual situation of a small group of umpires refusing to accept the umpires\u2019 decisions,\u201d its statement said.<\/p>\n