Uniti Wireless co-founder Sasha Baranikow says she was bullied and her marital status played a part in her sacking

The co-founder of an Adelaide tech company, dumped a day after its ASX listing, alleges she was bullied into a lower salary before the float — and her “marital status” led to her sacking.

• Uniti co-founders sacked day after ASX debut
• Uniti Wireless co-founders fired after relationship breakdown
• Sacking heads to Federal Court

Uniti Wireless co-founder Sasha Baranikow has alleged she was bullied into changing her employment contract and that her “marital status” was a key reason she was fired from the ASX-listed company.

Ms Baranikow and co-founder and former fiance Che Metcalfe established the company in 2013 but were fired the day after it listed on the ASX on February 13.

In a statement of claim lodged with the Federal Court, Ms Baranikow says she was bullied into accepting an employment contract that would pay her less, and also allow for her to be more easily removed from the company.

The lodgement of the case has not been disclosed to the ASX by the company.

The court documents state that Ms Baranikow had signed a contract in March 2018 to be paid $250,000 per year, and could be terminated without cause with six months’ pay.

Court documents show director John Lindsay allegedly said “clumsy bullying” on the part of a shareholder led her to agree to a lesser salary and a contract that allowed for her to get just one month’s notice.

“During the preparation for the IPO (initial public offer), the fourth respondent (John Lindsay) emailed the applicant and others and advised that one of the first respondent’s (Uniti Wireless) shareholders was threatening to use his powers as a shareholder to call an extraordinary general meeting and spill the board (which would have the effect of removing all directors, including the applicant) if the applicant’s terms and conditions of employment remained as per the contract dated 23 March 2018,’’ the court documents state.

“The fourth respondent referred to the shareholder’s comments in his email as ‘clumsy bullying’.

Uniti Wireless co-founders, Che Metcalfe and Sasha Baranikow, in 2018. (AAP Image/Dean Martin)

“In response to the threat of being removed from the board of a company that she had co-founded and from her executive office, and during the middle of preparation for an IPO process, the applicant very reluctantly agreed to change her terms and conditions in order to prevent the IPO process being derailed.

“The applicant was very distressed that she was being subjected to bullying behaviour and that neither the first respondent nor the fourth or fifth respondents tried to prevent this.’’

Uniti Wireless is the first respondent, while John Lindsay and fellow director Kathy Gramp are the fourth and fifth.

The court documents state that Ms Baranikow accepted a lesser salary of $180,000, increasing to $200,000 post-IPO, and could be terminated with just one month’s notice.

The documents in the case, which will rely on elements of the Fair Work Act which cover discrimination, allege that Ms Baranikow’s personal life was a key reason for her dismissal.

“The applicant’s marital status was a substantial and operative reason for the termination of her employment with the first respondent,’’ the statement of claim says.

Ms Baranikow’s relationship with Mr Metcalfe broke down in the months before the company listed on the ASX.

It is also alleged that Uniti’s statements to Ms Baranikow about why she was terminated do not match what it has told the ASX about the process, and with what was in the company’s fundraising prospectus.

“The reasons for termination based on a lack of skills and experience that were given by the second respondent (chief executive Michael Simmons) in the meeting on 14 February 2019 are inconsistent with the information provided in the prospectus,’’ the statement of claim says.

“The first respondent held continuous disclosure obligations during the IPO process and did not change its position in respect of the applicant’s skills and experience as at the time of listing of the respondent on 13 February 2019.

“No event between listing and the meeting at 2:30pm the next day has been identified as the source of the first or second respondent’s concern about the applicant’s skills.

“The reasons for termination as given to the applicant by the second respondent are also inconsistent with the information that the first respondent has provided to the ASX.

“The second respondent has stated to the ASX that the applicant’s employment was terminated due to ‘rationalisation’.

During their termination meeting, it is alleged that Mr Simmons said Ms Baranikow did not have the requisite skills.

“The second respondent advised the applicant that the reason for her termination is that she did not have the experience and skills to perform the role of chief operating officer of an ASX-listed entity,’’ the documents state.

“The second respondent also stated that he did not believe that the applicant should remain in the business of the first respondent as a co-founder and he quoted that nine out of ten founders depart their companies and he did not think it was ‘healthy’ for the co-founders to remain if the new management took the business in a new direction.’’

Ms Baranikow is seeking compensation for economic loss, non-economic loss, and pecuniary penalties, as well as a declaration that the company and its directors contravened the Fair Work Act.

Uniti has not yet lodged a defence. Uniti Wireless declined to comment. Ms Baranikow has been contacted for comment.

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