“The Deniliquin Pastoral Times has published multiple statements involving “sexual harassment allegations” against our client, including by representing that they exist, are current and subject to ongoing investigations. We are equally concerned that a “PT Opinion” dated 29 March 2024 asserted that: ‘If a ‘yes’ vote to remove the company’s independent directors prevails, it is likely the incoming MIL Chair will be a director under scrutiny for sexual harassment allegations’.
“The Statements are without foundation and entirely false and misleading.”
The letter also states: “There are no current (or pending) investigations with respect to Mr Fawns, regarding inappropriate workplace behaviour or otherwise. Mr Fawns acknowledges that there have been historical complaints about comments or words used in the workplace, all of which were investigated and resolved years ago and none of which involved any inappropriate sexual conduct or behaviour whatsoever.
“The disclosure regarding these complaints is in breach of our client’s rights under the Privacy Act 1988 (Cth) and is being dredged up by opponents of Mr Fawns in a deliberate and entirely inappropriate smear campaign intended to damage our client’s reputation and standing as a director of Murray Irrigation Limited. Your publication, without any basis in fact to do so, has publicly disseminated these defamatory and damaging statements.
“Our client requests an apology be published without delay and demands that you immediately: (1) issue a correcting statement making clear that your publication has sighted no evidence of any current and ongoing complaints or any allegations of sexual harassment; and (2) cease and desist from making any further derogatory remarks concerning Mr Fawns.”
The Pastoral Times acknowledges that the complaints against Mr Fawns are historic, and our reporting is based on information in the Alternative Dispute Resolution reports from earlier this year.
In relation to the position of MIL chair if the ‘yes’ vote is successful, the Pastoral Times has learned the requisitioning directors are expected to appoint an independent chair. There has been no indication of who will be appointed to this position.
The reports are considered in the public interest in the lead-up to the MIL general meeting on April 10, at which shareholders will vote on two resolutions from Mr Fawns and fellow requisitioning directors Brendan Barry and Troy Mauger, which seek to remove non-member directors Trisha Gorman and Robert Burbury from the company’s Board of Directors.
The resolutions have been labelled as a hostile takeover of the board, a claim the requisitioning directors have denied.
The sexual harassment issue came to light during the Alternative Dispute Resolution process involving Murray Irrigation Ltd directors early this year.
In his report on the ADR process, Mr Alan Parker OAM said “that there is a sexual harassment claim regarding one of the ‘group of three’ (directors) which has not been managed appropriately nor fully to completion” and he described it as a “serious workplace safety concern”.
The Summary ADR Assessment and Workshop Report from February 12, 2024 states: “Three formal sexual harassment complaints were reported about the same person. An investigation confirmed two of the complaints, and those two complaints were admitted to by the accused. Whilst ASIC has been advised, the matter remains incomplete.”
A Murray Irrigation Ltd staff member, speaking on condition of anonymity, has asked shareholders to “consider the safety of the company’s workforce” when voting at next week’s general meeting; she said there was “real concern” among staff and asked: “How can someone be in a position like that (as a Director) after three sexual harassment complaints?”
While the Pastoral Times acknowledges there are no current or ongoing sexual harassment claims against Mr Fawns, in our view, the apprehension that his admitted past behaviours has generated among MIL staff is real and has implications for the stability of the organisation should he continue in a position of influence.
21°C