Uniti Wireless to face Federal Court over second day sacking of founders

Uniti Wireless co-founder Sasha Baranikov has filed a Federal Court case under the Fair Work Act against the company she helped build, which sacked her on its second day of public life.

Uniti Wireless Co-Founders Che Metcalfe and Sasha Baranikov. (AAP Image/Dean Martin)

• Uniti Wireless founders blindsided by sackings
• Uniti sackings considered before listing
• Uniti’s ‘candour’ at question

Uniti Wireless co-founder Sasha Baranikov has filed a Federal Court case under the Fair Work Act against the company she helped build, which sacked her on its second day of public life.

The case is set down for its first hearing on Monday, with chief executive Michael Simmons and directors Graeme Barclay, Kathy Gramp and John Lindsay named as respondents.

Ms Baranikov on April 23 lodged an “Originating Application under the Fair Work Act 2009 Alleging Dismissal in Contravention of a General Protection” according to the Federal Court’s website.

Uniti raised $13.2 million before listing on the ASX on February 13. The day after listing, Ms Baranikov and co-founder Che Metcalfe were sacked.

It was later revealed that Mr Simmons had been discussing their removal with other directors before the company listed.

The truthfulness of the company’s assertion that Mr Simmons came to the realisation that the pair were surplus to needs following the completion of the acquisition of another company, FuzeNet, two days before the listing, has had doubt cast on it by the ASX, which said in March it “questions the candour of this response”.

“If the CEO had developed a rationalisation program as at 12 February 2019 and the termination of Mr Metcalfe and Ms Baranikov was part of that program, it seems reasonable to assume that the CEO was contemplating the potential termination of employment of Mr Metcalfe and Ms Baranikov prior to 12 February 2019,’’ the ASX said in a question to Uniti at the time.

Uniti has not disclosed the court case to the ASX.

The Advertiser has attempted to contact both the company and Ms Baranikov.

Uniti shares closed at 85.5c yesterday, up 4.3 per cent. After initially dropping sharply from the 25c issue price, the shares have rallied as the company has embarked on a rapid acquisition program.

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