‘I have needs’: union powerbroker target of sex harassment suit
Carolyn Smith has emphatically denied the allegations, describing them as part of a co-ordinated campaign against her
One of Labor’s most powerful left-wing powerbrokers is being sued over allegations she grabbed the breasts of an employee and threatened her employment if she did not agree to a sexual relationship.
The allegations – emphatically denied by United Workers Union Western Australia state secretary Carolyn Smith, a dominant behind-the-scenes figure inside WA Labor for years – are outlined in documents from a civil suit against the union and Ms Smith, released to The Australian by the Perth District Court.
They are among a raft of serious allegations against the UWU over bullying, harassment and retribution over dissenting political opinion across multiple state branches of the union, a powerful player in the left-wing faction of the Australian Labor Party.
ACT-based law firm Adero has formally confirmed to The Australian it will soon launch a Federal Court action against the union on behalf of at least 20 past and current employees, including six who allege they were sexually assaulted, groomed or harassed by past or senior members of the union. Those allegations relate to events that took place in WA, South Australia and Queensland between 2016 and 2023.
The complainant in the civil action against UWU and Ms Smith, separate to the Adera class action claims, alleges she suffered “physical damage and pure mental harm”, and was left feeling suicidal after incidents involving Ms Smith.
In a statement, Ms Smith said the claim against her was not credible and had no foundation.
“The events outlined in the writ never happened and I have not behaved inappropriately with staff in any location,” she said.
“Add to this my 36 years as a teetotaller, and the events alleged to have happened are simply not believable. The allegations are deeply distressing and hurtful given my strong record in representing the rights and interests of women throughout my career.
“I will fight this baseless claim every step of the way.”
The statement of claim from the stand-alone civil action describes a 2021 incident in which a union employee in Perth was followed into a bathroom and allegedly assaulted by Ms Smith.
According to the document, Ms Smith “placed both hands, palms open, on the plaintiff’s breasts and pushed her up against the wall”. The woman pushed Ms Smith and told her she was being inappropriate.
Weeks later, the claim says, the woman was called to Ms Smith’s office where the state secretary told the woman she had romantic feelings for her.
The statement of claim alleges Ms Smith told the woman: “I have an offer for you. You know I obviously like you, so what do you think about being with me?”
The woman said she responded by saying, “But you have a partner, Carolyn. What about Dee?”.
According to the statement, Ms Smith responded, “Yes, but I have needs. I want to help you with your career. I put (a UWU-backed Labor parliamentarian in WA’s upper house) in the position that she’s in. If you accept my offer, I can put you in (the parliamentarian’s) office. Otherwise, you won’t be needed around here anymore.”
The legal document says the woman contacted police that night in a distressed state, and was taken by ambulance to Royal Perth Hospital where she was hospitalised in the mental health ward for seven days. The woman had no prior history of mental health issues. A week later, the woman was contacted by another senior official, who told the woman she was no longer employed at UWU.
“(The official) said to the plaintiff that (Ms Smith) was ‘willing to work something out’ if the plaintiff agreed to sign a deed indicating that she resigned from her employment,” the writ says.
After that offer was rejected, the woman said the official engaged in an argument over the phone, leaving her in a distressed state. The woman says she has been left with psychiatric and psychological injuries, including self-harm and suicidal ideation. She is seeking compensation for past and future loss of earning capacity, medical treatment, and general damages.
“In consequence of her injuries, the plaintiff has suffered and will continue to suffer from psychological pain and discomfort,” the claim says.
Ms Smith has long been a kingmaker in WA politics, and been central to the rise of many UWU-affiliated Labor politicians.
Her outsized influence, however, has caused resentment among factional rivals.
After the shock resignation of WA premier Mark McGowan last year, Ms Smith and the UWU endorsed Health Minister Amber-Jade Sanderson as his replacement instead of fellow UWU-aligned MP Roger Cook. Frustrated at having been effectively bypassed by the process, rival factions banded together to ensure Mr Cook replaced Mr McGowan.
More recently, UWU and Ms Smith have angered sections of the union membership over their lack of public support for Palestine and Gaza. Senator Fatima Payman, who quit Labor due to the party’s position on the conflict, is a former UWU organiser and some members are understood to have pushed the union to disaffiliate itself from Labor over the issue.
Ms Smith said the claim against her was part of what appeared to be a co-ordinated campaign to undermine her in the union and her public roles.
“I have brought that integrity to bear in the interactions I have had with employees, employers and industry too, and would be confident that they also saw me as a leader with integrity,” she said.
“I have never approached another staff member, party member or colleague in an inappropriate way, and there have never been any previous allegations or rumours of me having done so.”
The detailed allegations come after the union tried to dismiss allegations against it and its senior officers as unfounded, sensationalist and potentially defamatory.
Adero managing principal Rory Markham said in a statement the firm’s clients in the looming class action “categorically disagreed” with the statement from union national president Jo Schofield.
Mr Markham said the clients rejected Ms Schofield’s claim that there had been independent and thorough investigations into the staff complaints, that there had been no substantiated allegations, and that unnamed rumours and other unknown material formed the basis of the allegations.
“Adero Law notes the comments by UWU that the concerns raised by Adero Law clients are unsubstantiated. This position is untenable,” he said. “It is clear that any investigation conducted by the union has not been independent or performed to a standard that would ordinarily be required to substantiate such categorical statements from the union.”
The firm has already received 20 individual registrations involving allegations from past and current employees from around Australia, and more are expected in coming days. A UWU spokesman said claims raised about workplace issues in the union had been “thoroughly investigated and found to be unsubstantiated”.
“Adero has been threatening various unspecified causes of action, purportedly on behalf of a constantly changing number of alleged former and current employees of the UWU,” he said. “As per previous responses … the union is unaware of any class action from Adero and will respond accordingly if any such action is taken.”
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