By Calum Jaspan and Michaela Whitbourn
Thirteen women have come forward with claims against veteran crime reporter Robert Ovadia, his former employer Seven alleged in the first hearing of his unlawful dismissal case in the Federal Court.
Seven’s barrister Vanja Bulut said at a preliminary hearing in Sydney on Thursday that, after Ovadia’s dismissal by Seven in June, “13 more females have come forward with complaints in relation to his conduct”, and this was subject to an investigation.
Former senior Seven Network journalist Robert Ovadia.
Ovadia “has been put on notice of that”, Bulut said. “To the extent that those allegations are recorded in documents, those documents have been provided [to Ovadia].”
This would be part of Seven’s defence to Ovadia’s claim of breach of contract, Bulut said.
It may form the basis of a legal argument that, even if there was no basis to summarily terminate Ovadia at the time, “the conduct that has come to light subsequently does provide a basis to summarily terminate, and my client is able to rely on those additional allegations … that [have] come to light”, she said. That would be set out in a written defence, which has yet to be filed, Bulut said.
In a statement after the hearing, Ovadia said: “The claims are baseless and Seven has never provided evidence despite repeated requests. Even today, no evidence to support any of this.”
Seven’s barrister told the court Ovadia was sacked after he sent “a number of inappropriate pictures by text and email” to a former producer, and sent a photo of men’s genitals to a colleague.
“Those emails and messages have all been provided” to Ovadia, Bulut said.
Asked what was in dispute between the parties, Bulut said the case concerned “largely emails and correspondence” and it was “more in the nature of a legal dispute”.
Ovadia’s lawsuit
The veteran news reporter launched Federal Court proceedings in August against Network Seven and his former boss, news and current affairs director Anthony De Ceglie, alleging he was unlawfully sacked. He is seeking compensation and an order that Seven reinstate him.
In court documents released on Thursday, Ovadia claims Seven dismissed him “in bad faith and unreasonably”.
He also alleges Seven committed the tort of intentional infliction of harm by making statements to journalists that he had been stood down and was being investigated over allegations he sexually harassed a female colleague. The statements “had the effect of demeaning, offending and injuring him”, his statement of claim says.
A tort is a form of civil wrong and Ovadia is seeking damages if it is established.
Sexual harassment denied
Ovadia sent edited photos and caricatures of “Person A” to them, and a “photo of a flaccid penis (obtained from the internet)” to “Person B”, but it “did not amount to sexual harassment” or serious misconduct, his lawyers say in court documents.
“No reasonable employer could have formed the view that the conduct … amounted to sexual harassment and serious misconduct,” his statement of claim says.
Ovadia’s barrister, Andrew Gotting, told the court on Thursday there was “a lack of particularity in the material that has been provided” by Seven’s lawyers about the new allegations raised in court.
“In particular, much of the material that has been provided has been redacted”, he said, and had “not been disclosed fully” to Ovadia.
Gotting told the court Seven had said in a letter that the termination of Ovadia’s employment was “effected immediately for serious misconduct”, and there was an “express statement” that he was not entitled to notice.
Ovadia claims Seven should have provided him either with notice of his termination or payment in lieu of notice, and that it breached his employment contract and took adverse action against him in contravention of the Fair Work Act.
Materials obtained by the ABC’s Four Corners alleged Ovadia was dismissed after sending images to a young female colleague, depicting them dressed up in a catsuit and pole dancing in a cartoon avatar format.
He also allegedly sent cartoons depicting himself as a “scantily clad warrior and the superhero Thor”, according to the ABC.
An avatar mock-up the ABC has alleged Robert Ovadia sent a young female colleague. Ovadia has denied claims of inappropriate conduct.Credit: ABC Four Corners
Ovadia has rejected claims of inappropriate conduct.
Federal Court Justice Elizabeth Raper ordered the parties to attend mediation in October, which may result in the case being settled before any trial.
Bulut had said Seven “sees no benefit in the mediation”, but Ovadia supported the parties attempting to resolve the dispute out of court. If the case does not settle, the parties will return to court for a further preliminary hearing on February 10.
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