ANZ ready to hit back in Angus Aitken defamation case

ANZ is poised to formally reject key parts of a defamation claim by Angus Aitken as it mounts a “vigorous” defence.

Angus Aitken claims ANZ campaigned to have him sacked. Picture: John Feder.

ANZ is poised to formally reject key parts of a defamation claim by Angus Aitken as it mounts a “vigorous” defence to allegations it sought Mr Aitken’s dismissal over an email that strongly criticised ANZ’s appointment of Michelle Jablko as chief financial officer.

The NSW Supreme Court claim, lodged on Friday, targets ANZ chief executive Shayne Elliott and the bank’s head of communications, Paul Edwards.

On May 25, Mr Edwards tweeted “Sexism alive + well in stockbroking?” after Mr Aitken had sent an email to 70 clients the day before describing Ms Jablko’s appointment as “one of the dumber appointments I have seen” and another reason not to own the stock.

Mr Aitken alleges in his claim that Mr Elliott, who “liked” the tweet, instructed Mr Edwards to post it as part of a “campaign” by ANZ to have him dismissed from Bell Potter.

He also alleges Mr Elliott rang Bell Potter chairman Colin Bell on May 24 to express his “severe outrage” at the contents of the email.

It is understood ANZ will contest key aspects of Mr Aitken’s version of events, with the bank due to lodge its defence within 28 days of being served with the statement of claim.

ANZ will deny that Mr Edwards posted the tweet on Mr Elliott’s instructions, even though Mr Elliott subsequently “liked” it.

The bank will also reject the allegation that Mr Elliott conveyed his “severe outrage” to Mr Bell when he telephoned him.

As The Australian previously reported, the ANZ chief is believed to have expressed his disappointment to Mr Bell over the content of Mr Aitken’s email but said he would rise above it and honour a commitment to present to the firm’s retail-client advisers.

Mr Elliott turned up to Bell Potter on May 27 and briefed about 40 advisers on the bank’s interim result.

It is understood Mr Aitken’s departure was not brought up at the briefing.

The so-called “sexist email” row has sparked a social media brawl, with many people noting that Mr Aitken’s email did not even refer to Ms Jablko by name, let alone her gender.

The email said former investment bankers, like Ms Jablko, tended to be “crap at most things in the listed world” and that the most recent deal for ANZ’s new CFO had been Slater & Gordon’s disastrous acquisition of Quindell assets in Britain that were now worth “bugger all”.

Mr Aitken says in his claim that Bell Potter had no option but to “bow to pressure” from ANZ to dismiss him, as ANZ banked the broking firm and two “major transactions” involving both companies were under way.

He says his termination payment from Bell Potter was “significantly less” than the total of his annual income, including salary and bonus.

ANZ is yet to be served with Mr Aitken’s claim.

The bank released a statement on Friday rejecting any suggestion that it, Mr Elliott or Mr Edwards had influenced Bell Potter in any way to terminate Mr Aitken’s employment. “ANZ can also confirm it made an offer on June 5 to retract Mr Edwards’ tweet and apologise as well as pay damages determined by an agreed arbitrator,” the bank said.

A directions hearing is scheduled for July 29.