Cancer survivor Darlene Badenoch eyes Supreme Court appeal after VCAT dismisses discrimination claims

Moonee Ponds Bowling Club has hit back after a former member and cancer survivor indicated she would take the club to the Supreme Court over allegations of discrimination and victimisation.

Darlene Badenoch is planning to take her fight against Moonee Ponds Bowling Club to the Supreme Court after VCAT dismissed her case. Picture: Mark Stewart

Moonee Ponds Bowling Club has hit back after a former member and cancer survivor indicated she would take the club to the Supreme Court over allegations of discrimination and victimisation.

Darlene Badenoch, 53, alleged she was demoted two divisions because MPBC selectors said she was too “unreliable” to compete during the 2022/23 season, claims that were dismissed by a Victorian Civil and Administrative Tribunal decision handed down on Thursday.

Speaking with the Herald Sun in the wake of the decision, Ms Badenoch said she now intends to appeal the decision in the Supreme Court of Victoria.

In a statement shared on Friday, MPBC president Robert Grande said Ms Badenoch’s refusal to accept the decision was undermining and showed a disregard for the club and its members.

“It is now apparent that the applicant (Ms Badenoch) continues to dispute the senior umpire’s rulings and upholds a version of events that, after more than two years, remains unsupported by evidence and whose motivations remain unclear,” Mr Grande said.

“Despite the extensive time provided, the applicant was unable to present the necessary evidence to substantiate her claims beyond her own words.

“This ongoing refusal to accept the findings of VCAT not only undermines the tribunal’s authority but also shows disregard for the Moonee Ponds Bowling Club and its members.”

Ms Badenoch said she was disappointed with VCAT’s decision. Picture: Mark Stewart

MPBC secretary Jozsef Salik previously said the club “welcomed” the ruling handed down on Thursday, with Mr Grande adding each “unfounded claim” had been scrutinised and the outcome reaffirmed the truth.

“Serious allegations of unlawful discrimination and victimisation were made against several of our dedicated volunteers and club members,” Mr Grande said.

“After two days of hearings and over three months of deliberation, VCAT has dismissed the applicant’s claims in their entirety.”

It is understood the MPBC had been greatly impacted as they waited for two years to finally find a resolution.

Ms Badenoch, 53, sued the Moonee Ponds Bowling Club after she alleged selectors demoted her two divisions due to her cancer diagnosis making her “unreliable” for competition during the 2022-23 season.

After a fiery meeting with selectors and failed mediation, Ms Badenoch took the matter to VCAT seeking $5000 and an apology from the club.

After two years, a two-day hearing and months of waiting, senior member Bernadette Steele found that Ms Badenoch had failed to prove her claims, dismissing the case in a decision handed down Thursday.

But Ms Badenoch, who spoke exclusively with the Herald Sun, said she intends to fight the verdict and appeal the decision, specifically in relation to her allegations of victimisation, in the Supreme Court.

“I was disappointed (by the result), although I knew it was going to be very hard to prove,” she said, adding she would spend the next few days reviewing options to appeal.

Ms Badenoch alleged selectors at her former club demoted her two divisions due to her cancer diagnosis. Picture: Mark Stewart

According to the Supreme Court, you are only able to appeal a VCAT decision if there is belief the member made a “legal error” in deciding the case and must be based on a “question of law”. It comes after Ms Badenoch was diagnosed with follicular lymphoma in September 2022, forcing her to take time away from the sport to undergo chemotherapy, which ultimately proved successful.

She agreed to resume playing in division five, having previously been a staple in the club’s top division since she joined in 2019. Upon missing two rounds near season’s end, selectors told her she’d been demoted to division seven.

Meeting with MPBC bowls director Frank Bellino and players representative Russell Lancashire on February 4, 2023, Ms Badenoch alleged she was told her “illness (cancer) made me unreliable to play”.

She later claimed the reasons behind her demotion were discriminatory against her illness. That was disputed by both Mr Bellino and Mr Lancashire, with senior member Steele siding with the club.

She said the weight of evidence indicated Mr Bellino never told her she was too “unreliable” to play in division five and Ms Badenoch had not proved that her demotion was unlawfully discriminatory.

Originally published as Cancer survivor Darlene Badenoch eyes Supreme Court appeal after VCAT dismisses discrimination claims