Former Australian Catholic University employee claims termination after ‘protected disclosures’

A former ACU employee says she suffered ‘adverse action’ from the university as a result of disclosures and other inquiries she made about allegations of corruption against a security contractor.

Australian Catholic University in Banyo, Queensland. Picture: Richard Walker

A senior employee at Australian Catholic University claims she was made redundant and not rehired because she made “protected disclosures” about the conduct of senior executives at the university related to allegations of corruption against a security contractor.

As a national risk manager for the university, Carol Anne Rainbird says it was within her remit to question management about the claims, which were first raised in a news reports, and included assertions of a secret business relationship between an ACU employee and the company.

The Fair Work claim against ACU, which Ms Rainbird has taken to the Federal Circuit and Family Court, is the latest in several controversial sackings as the university slipped from a $50m budget surplus to a deficit in 2023 of $35m since vice-chancellor Zlatko Skrbis took control in 2021.

In mid-July 2023, the ABC published articles about a security and cleaning company whose founder had been charged with a scheme to bribe a commonwealth official. The articles stated the founder had entered into a “secret commercial arrangement” with the ACU employee, whose role was to oversee the contract.

Another ACU employee then reported concerns about the security company in 2018, and was made redundant the same year after suffering a heart attack months before.

Ms Rainbird says she made “a number of protected disclosures and related inquiries in accordance with the policies and procedures of the respondent (ACU)” related to matters covered by the ABC articles, which were “consistent with the duties and responsibilities of her position”.

“The disclosures and inquiries made by the applicant (Ms Rainbird) concerned the conduct of a number of senior executives of the respondent (ACU) including with respect to matters related to the ABC articles,” her claim states.

Carol Anne Rainbird. Picture: LinkedIn

That same month, ACU launched an independent investigation into the ABC news story, and Ms Rainbird made disclosures and provided information and documents, her claim states. On several occasions, she made inquiries about the progress of her disclosures and how they were being handled.

According to the claim, Ms Rainbird’s role was “disestablished” on October 4, 2023, as part of a management plan.

The next day, October 5, she was set to be interviewed as part of the ABC investigation.

In the months that followed, she was unsuccessful in being appointed to any other position at ACU, and in April 2024 her employment was terminated.

She said these were “all adverse action and in breach of the Fair Work Act 2009”.

“The actions of the respondent (ACU) described herein were taken because the applicant (Ms Rainbird) had, was able to, or proposed to exercise a workplace right of making a complaint or inquiry as she was entitled to do in accordance with the terms of her employment,” the claim ends.

Ms Rainbird is seeking compensation for the loss of income and reinstatement.

In January 2024, ACU completed its independent probe into the cleaning and security company and said “the university is satisfied that ACU’s executive and senior executive management acted appropriately at all times”.

When asked to comment on the present proceedings, an ACU spokesperson said it was “inappropriate for ACU to comment on matters before the Federal Circuit and Family Court of Australia.”

ACU has lost a large number of staff through redundancies amid a deep financial crisis. Philosopher Stephen Finlay, who was abruptly sacked in March, recently launched an unfair dismissal case with the Fair Work Commission against ACU. He was one of many people un­expectedly terminated from the Dianoia Institute.