Anger as Worksafe misses deadline for bullying allegations probe

A Worksafe investigation into bullying claims against United Firefighters Union boss Peter Marshall has missed its deadline, angering those who had co-operated with the probe.

United Firefighters Union secretary Peter Marshall. Picture: Hamish Blair

Worksafe has come under fire for its failure to complete its investigation into bullying allegations against UFU boss Peter Marshall within its statutory two-year requirement.

On Thursday, the Herald Sun reported that last month the Director of Public Prosecutions Kerri Judd had refused a request from WorkSafe that she authorise the workplace watchdog to authorise two charges against Mr Marshall.

The possible charges stemmed from complaints to WorkSafe former MFB Chief Officer Peter Rau and his deputy David Youssef about their treatment by Mr Marshall, who has always denied any wrongdoing.

WorkSafe was forced to seek the Ms Judd’s permission to file the charges because it had taken more than two years to finalise its investigation.

Former MFB chief officer Peter Rau. Picture: Tony Gough

The delay has angered people familiar with the investigation who had co-operated with WorkSafe. A source who dealt with WorkSafe on the matter said there were dozens of files and witness statements and people had been told there was “more than enough material two years ago and that charges were imminent”.

“It seems like the clock was deliberately run down on this matter,” the source said.

The failure to tell Mr Rau for several weeks that no charges were to be laid has also been criticised.

A letter seen by the Herald Sun shows that WorkSafe only wrote to Mr Rau on May 27, despite receiving DPP ­advice on April 29 and May 3. Mr Rau’s wife, Tracey, has ­demanded answers from WorkSafe.

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In email to WorkSafe, Mrs Rau has asked: “Can you provide detail as to why Kerri Judd, QC, letters dated 29 April and 2 May were not sent to Peter earlier than 29 May?” She went on to add: “You were made aware that any delay was not beneficial to Peter’s health and yet you waited for some time to provide him the documents even though Kerri Judd said that it could be given to him. I sincerely hope that this delay was not based on the federal election date.”

On Tuesday, the Herald Sun asked WorkSafe if the timing of the May 18 federal election had influenced when it told Mr Rau there would be no charges.

A WorkSafe spokeswoman said it couldn’t comment on the details of investigations. “WorkSafe completed due diligence prior to informing all parties of the outcome of this matter. This included ensuring the appropriate support for complainants was in place.”

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