Former Deer Park secondary teacher Milan Tomasevic wins million-dollar damages payout
A former Deer Park secondary teacher accused of sexual harassment has scored a massive million-dollar payout from the State Government following a “quest for justice” which lasted two decades.
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A Victorian teacher sacked following bogus sexual harassment allegations has won a million dollar payout from the State Government.
Former Deer Park Secondary College physical education teacher Milan Tomasevic’s two-decade “crusade” against the education department was resolved in the Supreme Court last week.
Mr Tomasevic was awarded $1,000,000 in damages after the department admitted liability for the former teacher’s psychiatric injury.
Deer Park Secondary College no longer exists, having amalgamated with Brimbank Secondary College in 2010 to form what is now Victoria University Secondary College.
Mr Tomasevic’s issues began after he reported another teacher for using school money to buy scuba equipment for a personal business in late-1999.
Not long after, Mr Tomasevic, who had worked at the school since 1990, was sent a letter from the principal which outlined “serious misconduct” charges.
These charges included unproven allegations of sexual harassment.
Mr Tomasevic denied the allegations in two separate letters he sent to the principal.
The principal – who ordered Mr Tomasevic undertake a mental health assessment – did not acknowledge these letters.
Instead, the principal wrote a letter to a psychiatrist which alleged Mr Tomasevic “seemed to be having delusions that the school was fabricating facts to divert attention from his allegations”.
The principal also alleged Mr Tomasevic “drifted into unreality” and “refused to take instructions”.
The witch hunt played out in July 2000 when the principal informed Mr Tomasevic his time at the school was done.
Mr Tomasevic, who has not worked as a teacher since, launched his “quest for justice” that included countless court cases, doctor appointments and letters to authorities including the police and the attorney general.
Mr Tomasevic also campaigned outside Deer Park secondary handing pamphlets to parents.
In 2001, Mr Tomasevic crashed a school staff meeting and wrote “justice in education” on the whiteboard.
Then, in 2002, Mr Tomasevic was involved in “interactions” with the principal and other staff.
His David and Goliath battle concluded following Thursday’s staggering Supreme Court decision.
Justice Andrew Keogh said Mr Tomasevic’s 20-year fight “dominated and consumed his life”.
Mr Tomasevic said the principal “preferred to punish him as a whistleblower” and “somehow justice did not exist”.
He also said he couldn’t “give up, go home and move on” because it was “crystal clear this was wrong”.
Mr Tomasevic said he had to “sacrifice everything” to “clear his name”.
Justice Keogh said Mr Tomasevic suffered “considerable stress” due to the principal’s actions.
“The defendant’s (state government) negligence is a cause of the chronic major depressive disorder with associated stress reaction, anxiety, panic attacks and compulsive behaviours from which Mr Tomasevic has suffered for almost two decades,” Justice Keogh said.
“I conclude that Mr Tomasevic’s involvement in numerous proceedings over the last two decades is a consequence of his injury and has caused him significant detriment.”
Mr Tomasevic was awarded $1,093,000 in damages.
Justice Keogh will hear submissions on interest payable, costs and any other orders at a later date.
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