The Collingwood Football Club criticized its ex-head of First Nations strategy, calling his accusations of racism against club CEO Craig Kelly “embarrassing” and “objectionable”.
The Magpies filed their rebuttal in the Federal Circuit and Family Court on Friday, vigorously supporting Kelly after Mark Cleaver, the team’s ex-head of First Nations programs, claimed in legal papers last month that Kelly made derogatory comments and jokes about Indigenous culture while they worked together from February to May this year.
The Magpies have rejected all 11 accusations made by Cleaver, such as claims of illegal discrimination and bullying, and have requested for the case to be dismissed.
In court papers, Cleaver claims the club violated multiple laws, including those related to equal opportunity, race, and disability discrimination. He claims he experienced “pain, embarrassment and suffering” and “financial damage” following his termination.
By using lawyer Henry Skene from Seyfarth Shaw Australia, the Magpies argue that Cleaver’s statement contains allegations that are objectionable, irrelevant, vague, embarrassing, and could be removed.
The Magpies claim Cleaver was fired “only because they believed he had committed misconduct”.
The Magpies claim this misbehavior involved untrue accusations that Kelly instructed him to “go throw a boomerang”.
In Cleaver’s filed papers, he states he was conducting a training program for the players and Kelly inquired about its alignment with the club’s overall strategy.
Kelly supposedly stated that the object must function as a boomerang, returning after being thrown unless it accidentally hits someone, in which case it was not used correctly as boomerangs are designed to come back.
Responding to the situation, the Magpies argued that the statement was false and did not accurately reflect the true nature of his complaint regarding the incident. The true essence of his complaint was expressed in completely different terms.
The Magpies also reject the claims that Cleaver’s insider at Collingwood advised him to report the incident to the police. They also reject the statements about the possum being alive.
In court papers, Cleaver claimed he was in the process of launching a cultural space project when Kelly challenged him about the duration it was taking. The duo talked about items to display, then supposedly Kelly grabbed a marngrook (a ball crafted from possum fur) and “intensely hurled it at” Cleaver.
Kelly is accused of saying that she does not care about what you put in there. “I don’t care at all if you place a live possum in there.”
Another staff member reportedly reprimanded Kelly for his behavior, which was deemed “culturally” unsafe. The papers claim Kelly stated: “I am aware that it’s not suitable.”
In his court filing, Cleaver identified himself as a gay First Nations individual in a same-sex relationship and living with multiple sclerosis.
