Mental As Anything drummer David Twohill wins wrongful dismissal case

ONE-TIME drummer for Mental As Anything, David Twohill, has won his wrongful dismissal claim against his former bandmates.

ONE-TIME drummer for Mental As Anything, David Twohill, has won his wrongful dismissal claim against his former bandmates.

Twohill was a member of the group for almost 28 years but in September 2004 he was sacked without notice at Sydney Airport after returning from a tour to WA.

At a hearing in the NSW Industrial Relations Commission last year, Twohill said that the band's singer, Martin Plaza had drunkenly approached him at the airport's baggage carousel, told him that he he was "a f*****g c**t" and that he had been dumped from the band.

Twohill said he had "no inkling" that his fellow bandmates were dissatisfied with his performances and his attitude.

The drummer took legal action against two of his former bandmates, Plaza and Andrew "Greedy" Smith, seeking $80,000 in unpaid annual and long service leave, and a year's salary.

Today, Justice Frank Marks found Twohill should have been given six months notice for the termination of his employment contract _ not just the four weeks he did receive.

Justice Marks awarded Twohill $12,100 _ the equivalent of 22 weeks' pay at $550 per week.

However, Twohill was not compensated for long service or annual leave, which his solicitor John Laxon said may be grounds for an appeal.

The judge reserved his decision on costs.

Outside the court, Twohill said he was pleased he could get on with his life and felt vindicated.



"I'm quite happy it's all over," he said.

Twohill admitted that some of the allegations made against him in court _ including claims by Plaza that at times the drummer performed like "a chimpanzee on speed" had been hurtful.

"It was a bit unkind and didn't really add anything," Twohill said.

It was also alleged in court that Twohill drank heavily before gigs but he claimed that all of the band would drink before shows.

"It was part of the culture of the band. The first song we ever put out was The Nips Are Getting Bigger."