Ex-worker takes Melbourne luxury home builder Marque to VCAT

An ex-worker of Melbourne home builder Marque Property Group has launched legal action against his former boss, claiming he was subjected to “hateful homophobic comments”.

A former employee of a Melbourne luxury home builder has launched legal action against his ex-boss. Source: Online

A former contractor who worked at a Melbourne luxury home builder has launched legal action against his ex-boss, claiming he was subjected to “hateful homophobic comments”.

The worker, who was employed by Marque Property Group as a sales and marketing contractor for more than two years, took the construction company to the Victorian Civil and Administrative Tribunal alleging he was subjected to ongoing bullying and discrimination by his ex-manager.

He claimed the manager in question said “defamatory remarks” including that he “(spends) too much time hanging out at gay bars” and “gets off his head on drugs”.

“These baseless hateful comments severely damaged my professional reputation and caused severe mental anguish, pain and suffering,” the ex-worker, who was employed by Marquee from 2019 to 2021, said in a witness statement.

Located in Camberwell, Marque is active across Melbourne’s inner-city and surrounding suburbs.

It specialises in knockdown rebuilds across some of the city’s most sought-after neighbourhoods, including Balwyn, Kew, Glen Waverley, Essendon, Pascoe Vale and Bayside.

Marque is listed on the AHB Group website as one of the property group's companies, alongside other builders and developers including Sherridon Homes, SOHO Living and Royston Homes.

A Marque spokesperson said the allegations of the former contractor were raised in a previous separate VCAT proceeding that the company defended with no orders being made against Marque.

"They are not a true reflection of the company culture of Marque or what Marque represents and we take seriously any allegations made against us," they said.

"We are committed to transparency and are continually working to ensure that our workplace remains one where everyone feels valued and heard."

Located in Camberwell, Marque is active across Melbourne’s inner-city and surrounding suburbs. Source: Online

The former worker claimed mail from his clients was taken by his manager and that his emails were being read, monitored and deleted.

In his witness statement, he claimed he was denied new client leads, affecting his commission-based income, and experienced repeated payment delays for several weeks causing “severe financial hardship and stress”.

“This left me unable to meet basic expenses such as rent and bills,” he said.

“These actions are totally unprofessional and illegal and should not be tolerated, the directors are aware of these events and choose to deny any accountability.”

The former worker’s allegations were backed up by a fellow co-worker who said she had witnessed the manager say “completely inappropriate” things about the ex employee who launched the legal action.

“Whilst discussing staff, he commented to me that (redacted) was not effective in his role because he spent too much time at gay nightclubs and getting off his head on cocaine,” she said in a letter of support to VCAT.

That employee also no longer works at Marque.

The allegations are not the only ones levelled against the manager with a third former employee, who worked at Marque as a sales consultant, saying the manager in question would “verbally spit misogyny and racism” at a female staff member who was Chinese.

The former worker claimed mail from his clients was taken by his manager and that his emails were being monitored. Source: Online

“The Chinese staff member who was bullied, expressed her feelings of anxiety and despair to me after the sales meetings,” she said in a witness statement to VCAT.

“Being a young female, she said she was too afraid of reporting (redacted) behaviour in fear of being treated worse and ultimately losing her job.”

The matter raised by the ex-worker now taking legal action has previously had a conciliation scheduled in the Australian Human Rights Commission, but Marque declined to participate.

“I note that the commission explored conciliation with both parties … however the respondent indicated that it did not wish to participate in the process,” a representative of the commission wrote.

Marque said they declined to participate in the conciliation on the basis that the matter was agitated in the previous VCAT proceeding to which the former contractor did not obtain orders in its favour.

The ex Marque contractor said he was seeking a written apology from the directors and sales manager, as well as $258,000 in compensation.

“My life has been altered substantially due to the actions of others,” he said.

“I have seen a psychologist during this time due to being totally mentally exhausted and overwhelmed, which has made it difficult to secure ongoing work.

“The comments that the sales manager made about my sexual identity are career destroying and worst of all a total fabrication.”

A Marque spokesperson said the company takes great pride in "fostering a diverse, inclusive, and supportive environment where all individuals are treated with respect, dignity, and fairness".

"Our commitment to inclusivity is foundational to our company culture and is reflected in both our internal policies and the everyday experiences of our employees," they said.

"We do not condone any form of behaviour or practice that undermines these values, and we take any concerns related to workplace conduct seriously."