‘We’ve necked Mem’: secret TWU report revealed

Union rivals ‘plotted to destroy’ TWU chief and ALP powerbroker Mem Suleyman with false allegations, a confidential report has found.

Mem Suleyman's internal TWU rivals 'manufactured' false allegations against him, an investigation has found.

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An investigation into the suspension of powerful Transport Workers Union leader Mem Suleyman has found internal rivals conspired to “manufacture” false allegations in a plot to “neck” and “destroy” him.

But the internal inquiry has questioned the management style of Mr Suleyman, who is also a Victorian ALP powerbroker, finding he may “lack the range of interpersonal relationship skills which should be possessed by an ideal manager”.

In a sensational twist in the scandal that triggered the abolition of the Victorian branch of the TWU, the investigation’s confidential report and legal advice blamed Mr Suleyman’s internal rivals for embarking on a “flawed” process that denied the state secretary natural justice.

The investigation by former judge Frank Marks concluded the most serious allegation, that Mr Suleyman had sexually harassed a female staff member, was unfounded.

The woman told Mr Marks she had never lodged a complaint against the state secretary and first learned of the allegation while holidaying overseas when she took a conference call around 6am from a number of union officials, during which one said “we’ve necked him, he is gone, we’ve necked him”.

Legal advice sent to TWU national president Tim Dawson, dated September 2, revealed the confidential Marks report strongly criticised several union officials. “(They) conspired to fashion allegations against Mr Suleyman … the process by which the charges were laid, and Mr Suleyman was suspended, were found by Mr Marks to be procedurally flawed,” the legal advice states.

“It is clear from Mr Marks’ findings the charges were manufactured and promoted … for collateral and improper purpose, viz, to ‘neck’ Mr Suleyman and destroy him as branch secretary for the purposes of removing him from that position.”

The Australian understands a number of TWU officials who have now been turfed out of their positions believe the investigation wasn’t broad enough and significant issues were not explored.

The legal advice concluded the internal union charges against Mr Suleyman were laid as part of a plot to “install” a rival as state secretary and that the urgent meeting called on August 9 that saw Mr Suleyman – who was paid about $238,000 as state secretary – suspended was “both unnecessary and imprudent”.

The Marks report and the legal advice concluded there was nothing to substantiate allegations of sexual harassment against Mr Suleyman.

“There was no factual basis for the charges,” the legal advice stated. “No complaint had been made … the allegations relied on were never made by (female staff member) and were in fact made up.”

The Marks report reveals that the female staff member never made a sexual harassment complaint against Mr Suleyman and described the nature of their relationship as “close and personal” but not “romantic”.

In an interview with Mr Marks, the woman reveals she was overseas on holidays when she learned officials had accused Mr Suleyman of sexually harassing her. She told the investigator this was done without her consent or involvement.

The woman told the investigator that around 3am in Greece, where she was holidaying, she received three phone calls and multiple text messages from TWU officials urging her to ignore and block Mr Suleyman, which “also extended to pressure on me to corroborate allegations that had been made on my behalf should this be necessary”.

Mr Suleyman claimed in an interview with the investigator that his rivals were motivated because one of them had unsuccessfully asked for his help in getting preselected for a safe Labor federal seat.

The legal advice is particularly scathing of some TWU officials, noting one had “acted dishonestly and egregiously in concocting allegations to have Mr Suleyman charged and suspended”.

Two other officials, the advice states, were “parties to a shemozzle and made no attempts whatsoever to investigate the veracity of the allegations raised”, before noting the conduct of one of the officials in calling the crisis meeting at which Mr Suleyman was suspended was “inexplicable”.

After receiving the Marks report and legal advice, the TWU’s governing body, the National Council, moved swiftly to abolish the Victorian branch as the investigation “uncovered significant operational and cultural issues within the branch, including unfounded allegations of misconduct against former branch secretary Mem Suleyman”.

In a statement last month, TWU national president Mr Dawson said: “Given these issues, National Council has formed the view that the national committee of management should move to immediately oversee governance while a long-term solution is prepared.

“The national committee of management is deeply concerned that Mem Suleyman suffered unfounded allegations against him by figures within the branch. These … were not made on behalf of any complainant and the branch committee of management had opened no investigation into them.”

Mem Suleyman, right, with Labor MP Sam Rae.

Mr Suleyman was approached by The Australian for comment.

In his report, Mr Marks said it had become “quite clear” several union organisers were “unhappy” with the way Mr Suleyman was treating them, but these were not probed as he did not have the time or resources to do so.

But the report does question the management style of Mr Suleyman.

“My overall impression is that Mr Suleyman may lack the range of interpersonal relationship skills which should be possessed by an ideal manager,” it says.

Mr Marks was scathing in his report about the management of the TWU.

“The members of the branch committee have failed in their duties to maintain familiarity with and enquire into the manner in which the branch has been managed and in its operation,” his report finds.

“The branch is in grave danger of suffering reputational damage unless urgent steps are taken to resolve the issues and problems which I have identified.”

The Marks report concludes that “the branch itself is failing to perform in an appropriate manner”.

“There are serious operational and management issues caused by criticisms of Mr Suleyman and failure to comply with his directions,” it says. “I make no adverse comment concerning Mr Suleyman other than to suggest that consideration be given to his management style, but I am critical of those with whom he has come into conflict.”

Mr Suleyman’s suspension sent shockwaves through the Victorian ALP as he has established himself as a powerbroker within the party. He has forged a close personal and professional relationship with federal Labor MP Sam Rae. Mr Rae, however, failed to publicly support him after he was suspended.

Mr Suleyman and his father, Hakki Suleyman, are members of the ALP’s public office selection committee, which plays a key role in selecting future federal and state Labor MPs. Labor figures believe as many as 400 local ALP members are linked to the Suleymans, providing the family with influence within various internal committees.