Olympic champion Brent Livermore sues Hockey NSW over ‘sham redundancy’

Ex-Kookaburras captain Brent Livermore wants more than $300,000 from Hockey NSW over claims he was sacked after two misconduct complaints, including use of a company washing machine.

Former Kookaburras captain Brent Livermore is suing Hockey NSW, in a Fair Work case against the organisation in the Federal Court. Picture: Warren Lynam

An ex-Kookaburras captain and Olympic champion is demanding more than $300,000 from Hockey NSW over claims he was sacked as part of a “sham redundancy” after two misconduct complaints were made against him, including one relating to the misuse of a washing machine.

Gold medallist Brent Livermore has launched a Fair Work case against the organisation in the Federal Court claiming he was unfairly removed from his role as director of hockey last year after the complaints.

Livermore, who won bronze at the 2000 Sydney Olympics before captaining the Kookaburras to the gold medal at the 2004 Athens Games, is suing for financial compensation and damages for “hurt, humiliation and distress” caused to him throughout the dismissal process.

According to a statement of claim, obtained exclusively by The Weekend Australian, Livermore was made aware in May of complaints that alleged he had breached the Hockey Australia Code of Conduct and engaged in a possible conflict of interest.

Chief operating officer Richard Griffiths wrote to Livermore on May 10 informing him he had received a “formal written complaint regarding two allegations”.

“The first allegation, if true, could be a breach of the Hockey Australia Code of Conduct,” the document, prepared by Gibson MacNeill Lawyers, reads. “The second allegation, if true, could be a breach of the contract due to an actual or perceived conflict of interest.”

In the letter, Mr Griffiths informed Livermore he may be subject to an investigation, and requested he provide a response to the allegations within three days. Livermore sought an extension of time to provide his response.

Defending himself against the first allegation, he wrote back on May 17 saying he “received consent from both coaches to use the washing machine”. He provided separate reasons denying and defending himself against the second allegation.

Brent Livermore was inducted into the NSW Hall of Champions in 2019. Picture: News Regional Media

One month later, Mr Griffiths and Hockey NSW board president Adriana Care wrote to Livermore saying an investigation into the allegations had been completed and the complaint upheld.

“The letter was a ‘formal first and final warning’ and further breaches of the contract or the code of conduct may result in termination of the contract,” the statement of claim reads.

Livermore requested information in regards to the “irrational” investigation. He asked for an opportunity to discuss the allegations, and to “express discontent with the investigation”, which he believed “was conducted without proper consideration”.

On July 29, Livermore was asked to meet with the Hockey NSW board and was advised his role was “being considered for redundancy”.

“(He) was told that the board would be meeting at 6pm on July 30 to discuss his responses and comments made during the meeting regarding a possible redundancy and to reach a conclusion,” the statement of claim reads.

“(He) was provided with material outlining the redundancy process and benefits that he would be entitled to.”

Two days later, Livermore was made redundant and told “there were no alternative roles” with Hockey NSW that he would be qualified for, but that he could apply for the role of “pathways manager”.

According to the statement of claim, Hockey NSW issued a press release on August 1 stating one of Livermore’s colleagues was going to fill the pathways manager role temporarily while a permanent appointment was found.

Livermore claims Hockey NSW acted unlawfully in terminating his contract because it failed to tell him about the initial investigation, and denied him a “fair and reasonable opportunity to respond to the allegations, and/or appeal the outcomes”.

He also alleges Hockey NSW acted unlawfully when instigating a “sham redundancy process” in response to his request for information about the allegations.

Livermore is demanding the organisation pay him about $118,000 in unpaid wages, leave entitlements and superannuation, along with $150,000 in loss of income and $100,000 in general damages due to “hurt, humiliation and distress”.

Hockey NSW was contacted for comment and is yet to file a defence in the matter.