'Bullied' Lovett in $2m bidSAMANTHA LANE
February 18, 2010ANDREW Lovett will claim that St Kilda subjected him to workplace bullying and - whether before the Supreme Court or the AFL grievance tribunal - is set to seek as much as $2 million in damages as part of his breach of contract claim.
The bullying aspect of his claim will cite the same legislation that recently led to four men and the company that runs Hawthorn eatery Cafe Vamp pay a total of $335,000 after they were convicted of failing to take reasonable care for the health and safety of waitress Brodie Panlock.
The teenager was found to have experienced relentless bullying at work before she committed suicide.
The Age has learnt that Lovett's lawyers, Lander& Rogers, are preparing to raise the Victorian Occupational Health and Safety Act as part of Lovett's case against St Kilda.
The relevance of the Act, in the eyes of the legal advisors the sacked footballer has engaged specifically to handle his contractual situation - as opposed to his rape charge - is that it legislates that employers must provide and maintain a working environment that is safe and without risk.
It will be argued that St Kilda, by deliberately excluding Lovett from the main playing group and denying him access to the club's facilities and resources during his period of indefinite suspension, had contravened those laws.
In the notice of complaint prepared by Lovett's lawyers for the AFL grievance tribunal - the sitting of which is now unclear given Lovett's sacking on Tuesday - various examples that Lovett's lawyers say constitute workplace bullying are provided. They include:
* Lovett's enforced isolation from St Kilda's playing and coaching group from the time he became the subject of a police investigation that this week resulted in a charge of rape.
* A claim that St Kilda's senior coach Ross Lyon has not contacted Lovett since December 24.
* Lovett's exclusion from a team photo that appeared in the Herald Sun on February 2.
Lovett's mental health - the player went public about his battle with depression in 2006 - is raised in the notice.
Lovett's legal team believes that St Kilda has provided him with insufficient support in respect of the allegations made against him.
The Age learnt yesterday that Lovett's lawyers were also investigating a text message they believe was sent to St Kilda's playing list, which allegedly told players that Lovett should not be contacted.
Lovett has told his lawyers that he has only had contact with three Saints players since the alleged incident in the early hours of December 24.
He has told his lawyers those players are Brendon Goddard, Leigh Montagna and Raphael Clarke.
St Kilda, the AFL and the AFL Players Association are aware of the contents of Lovett's grievance claim, which was lodged last week as part of the AFL's grievance tribunal procedures.
While it remains unclear whether the grievance tribunal will hear the case, given the Saints believe it is now void since Lovett is no longer employed as an AFL player, his legal team would take similar arguments to the Supreme Court if necessary.
Lovett's lawyers believe he has a strong case against St Kilda regardless of the criminal charge he now faces, because the football club chose to ostracise him before the determination of the criminal matter that will go before the Melbourne Magistrates' Court tomorrow.
On top of the three-year base contract worth more than $1 million Lovett had with the Saints, the player could have earned as much as $625,000 through performance-based incentives.
Lovett, whom St Kilda picked up from Essendon by trading its first pick of last November's national draft, stood to earn an extra $125,000 this season depending on his placing in St Kilda's best and fairest award, and whether he was selected in the All-Australian team.
In 2011 and 2012, the player could have earned an additional $250,000 each year on top of his base pay.
http://www.theage.com.au/afl/afl-news/bullied-lovett-in-2m-bid-20100217-oduw.html
