Melbourne crisis: Former club doctor issues legal letter to Demons

Melbourne’s board room turmoil has taken a new twist with a former club employee seeking access to explosive documents at the centre of the Simon Goodwin saga.

Melbourne coach Simon Goodwin is at the centre of the former club doctor’s allegations. Picture: Mark Stewart

Melbourne’s former head doctor has issued a legal letter to the club, seeking the surrender of a series of documents surrounding his sudden sacking.

Lawyers for Zeeshan Arain want access to key emails and other papers amid concerns chief executive Gary Pert breached an agreement not to disparage him as part of a secret six-figure payment to settle an unlawful dismissal dispute.

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In a scathing December 2020 email sent by Pert to Demons board members – revealed by the Herald Sun last week – the CEO declared “one of the main reasons I terminated Zee’s (Dr Arain’s) contract is that I had lost trust in his honesty and integrity, which is completely unacceptable for a head doctor”.

The email was sent the night before a crisis meeting relating to an investigation into claims of ­serious behavioural issues and bullying by senior coach Simon Goodwin.

Dr Arain’s lawyer, Mark Comito of Stal Employment Lawyers, yesterday (Wednesday) told the Herald Sun his client was “considering all of his legal options regarding the references made about him and will seek to exhaust any legal avenues open to him regarding the matter”.

Simon Goodwin and Melbourne CEO Gary Pert in 2020. Picture: Michael Klein

He declined to comment on whether an approach had already been made to the club.

The Herald Sun last week revealed that Dr Arain had been sacked just days after raising concerns about the club’s culture, including alleged bullying by Goodwin, in a lengthy telephone conversation with Pert in October 2020.

Lawyers for Dr Arain hit the club with an unlawful dismissal claim, which led to a significant settlement in late November 2020. As part of the deal, Dr Arain was also required to co-operate with a board ­investigation into the bullying claims.

Then-president Glen Bartlett conducted a subsequent ­interview with Dr Arain on December 11, 2020, when the board first became aware of more serious allegations of behaviour and lifestyle issues by Goodwin.

The board canvassed standing Goodwin down, and even briefed AFL chiefs Gillon McLachlan and Richard Goyder in early February 2021.

But no action against Goodwin was ultimately taken, with Bartlett joining Dr Arain as a casualty of the internal turmoil, when he was forced out as president in April last year.

In an email to club chiefs on December 21, 2020, Bartlett had described Dr Arain as “in effect a ‘whistleblower’ ”, alleging Goodwin had behavioural problems, adding “some staff knew about this in January 2020”.

Former Melbourne club doctor Zeeshan Arain has issued a legal letter to the Demons. Picture: Tony Gough

A series of documents uncovered by the Herald Sun reveal Pert lambasted Dr Arain during the club investigation, despite the fact Melbourne had signed a non-disparagement agreement with the long-time medico.

In one email to the board, Pert wrote: “When dealing with Zee on issues, he consistently changed his stories when I challenged him on ­details and his stories rarely matched up to other people involved …

He also described Dr Arain’s evidence as “full of inaccuracies, misrepresentations and a rewriting of history, which was a frustration to all he was ­accusing”.

In a reply to Pert and club directors on December 21, 2020, Bartlett – a workplace lawyer – warned: “As part of the settlement Dr Arain is required to co-operate with me (or my delegate) regarding matters associated with the workplace bullying allegations he made against the senior coach.

“The deed places, among other things, specific obligations on members of the exec (and directors) not to disparage Dr Arain.

“We don’t want to get into a situation where Dr Arain claims we have breached the deed, terminates the deed and commences litigation …”

Melbourne last week rejected allegations of misconduct by Goodwin, but the legal manoeuvrings by Dr Arain’s camp threaten to shed new light on the issues plaguing the club on the eve of its 2021 premiership season.