Lawyer Josh Bornstein apologises for likening female union official to a dog

High-profile workplace lawyer Josh Bornstein has apologised for likening a senior female union official to a dog.

Josh Bornstein, left, and TWU National Secretary Michael Kaine. Picture: Ian Currie

One of Australia’s leading workplace lawyers has apologised for likening a senior female unionist to a dog and is facing heavy internal pressure for savaging the ALP’s lack of preselection talent and boasting about voting against Labor in 2013.

Josh Bornstein is being backed by sections of the Victorian Left and Right to replace powerbroker Kim Carr in the Senate under a new factional deal being discussed ahead of the next election.

But Mr Bornstein’s prolific use of the Twitter platform has raised concerns, including incendiary attacks against the ALP and a notorious exchange with a senior union leader. In a series of tweets, Mr Bornstein lashed out at former Australian Services Union assistant national secretary Linda White, suggesting she was a dog who had misplaced her chew toy.

On Monday, Mr Bornstein expressed regret for the way he had attacked Ms White, having accused her of behaving like a “poodle snapping at my heels”.

“Linda White is a much admired figure within the wider labour movement, and I’ve always respected her as a strong and formidable advocate for working people and as a progressive and highly principled union leader,” Mr Bornstein told The Australian.

Josh Bornstein. Picture: Twitter

“Linda and I have had many discussions over the years, but in a Twitter exchange with Linda some years ago I used a poor choice of words. I regret doing so.’’

During the 2016 social media spray, Mr Bornstein said unions faced a crisis over the lack of membership and declared Ms White should “take the blinkers off”.

Ms White replied: “Thanks for the gratuitous advice.”

Mr Bornstein fired back: “Have you misplaced your chew toy?”

Another senior ASU woman, Emeline Gaske, then intervened, saying: “may I recommend refraining from suggesting a woman is a dog?”

Mr Bornstein replied: “yes u may. It was a reference to being harassed by an annoying pain in the arse. Reminded me of a poodle snapping at my heels.”

On Labor’s leader in the Senate, Penny Wong, Mr Bornstein tweeted in 2013: “Personally, I think Penny Wong would make a very fine Morticia.”

Morticia, sometimes described as a witch, is a character in The Addams Family, a comedy about a macabre aristocratic family.

 

Mr Bornstein said that in recent years he had been a strong backer of gender equality, working with the Victorian Women’s Trust, the Victorian Equal Opportunity and Human Rights Commission and Gender Equity Victoria in seeking to address gender inequality. “I have also represented many women who have endured sexual harassment, sexual assault and gender discrimination,” he said.

“I continue to do so. I continue to represent three women who endured sexual harassment while working with former High Court judge Dyson Heydon.”

Mr Bornstein’s extensive social media footprint has been the subject of discussion among some Labor powerbrokers as they consider Senate preselections.

Labor sources said the majority of the Victorian Left unions were now opposed to Senator Carr, 65, getting another term in the Senate, although he is fighting to remain in office.

“He (Carr) will be opposed regardless of whether or not Bornstein gets the backing,” one party source said on Tuesday.

Senator Carr in late March told The Australian he had “read about my demise since 1991” and he intended to remain in the Senate “well into the future”.

Mr Bornstein’s bid for parliament is also being backed by sections of the Victorian Right but he will have to weather the storm over tweeting, particularly as Labor has the ascendancy in the political debate over the mistreatment of women. In 2013, he tweeted: “The #ALP preselection gene pool has dwindled to an embarrassment. #auspol”

Five of the six candidates who ran to replace Julia Gillard in 2013 were women and Mr Bornstein tweeted: “The #Lalor preselection demonstrates that the real #ALP issue is the diminished talent pool from a hollowed out membership. #auspol”

The Australian is not suggesting this tweet was based on gender, only reporting the strident criticism of the six candidates.

In 2013, he tweeted: “I was so pissed off by the #ALP that I refused to vote for them in 2013. #openlabor is open to all.’’

Mr Bornstein told The Australian his views during 2013 had been influenced by family history. “My views about refugee policy in 2013 were set out in an article that was published at that time,” he wrote. “My Jewish grandparents fled from Europe in 1938 and ­arrived in Australia by boat and my views in that article were ­influenced by my family history.”

Victorian preselections are decided by the national executive but this body will likely approve any agreement reached between the majority members of the Victorian Right and Left factions.

The Right is expected to be handed the new safe Labor seat of Hawke, in Melbourne’s north, possibly going to former Victorian ALP secretary Sam Rae.

Mr Rae ran the successful 2018 Labor state election campaign.