Shane Heal battles bullying claims in court showdown, claims daughter was ‘manhandled’
The daughter of an Australian basketball legend who is suing a WNBL club was allegedly “manhandled” by a staff member, a court has been told.
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Lawyers for Australian basketball great Shane Heal have said the court will hear evidence that his daughter was manhandled by a team staff member of the Sydney Flames.
Mr Heal is suing the WNBL club in the Federal Court, seeking penalties and orders preventing his termination.
He fronted the court for the beginning of his five-day trial on Friday, wearing a blue suit.
Sydney Flames claims it launched an investigation earlier this year after players approached management with bullying complaints.
The Flames suspended the 52-year-old while it commissioned an independent investigation into the allegations, while his daughter and star player Shyla left the club to join rival team Townsville Fire.
Mr Heal has accused the club of breaching employment law and is seeking orders blocking the club from sacking him as well as financial penalties.
Mr Heal’s barrister Glenn Fredericks opened the trial on Friday morning and told the court his client is “well known” in the world of Australian basketball.
“He’s played for Australia in four Olympic Games and played in the United States in the NBA,” Mr Fredericks told the court.
Since his retirement in 2009, Mr Heal has undertaken a number of coaching and media roles, with Mr Fredericks telling the court his “reputation, unsurprisingly, is of some importance to him”.
Mr Fredericks told the court his client “exercised workplace rights within the Fair Work Act” including making complaints about certain individuals.
“He says following that and as a result of that, for reasons including exercising those rights, adverse action was taken against him,” the court was told.
“That adverse action relates to allegations which were said to have been made about certain players by Mr Heal.”
The court was told Mr Heal was given notice of the complaints, the nature of which have not yet been specified, in January before he received a show cause letter a month later.
But Mr Fredericks argues the club constructed “a narrative of claims” that were not real.
He also told the court there would be evidence that a complaint had been made by Mr Heal’s daughter Shyla when she was “manhandled” by a member of coaching staff.
The court was told the staff member put his hands on Ms Heal’s shoulders and “twisted” her body while “insisting” she warm up with the team.
“You get an allegation of manhandling and it seems to disappear into the ether to some extent,” Mr Fredericks said.
“When it suits them (they) can act quickly.”
Mr Heal took to the witness stand about noon and was grilled by counsel for the Sydney Flames, Paul Moorhouse.
Mr Moorhouse questioned whether Mr Heal, in his role as coach, had the final say on which players were recruited to the club.
Itâs almost time. I hope the court is full of reporters ready to hear the facts and report on them so everyone finally hears and knows the truth. ð¯ð
— Shane Heal (@ShaneHeal) June 15, 2023
“I could pick the players that I wanted and it had to be within the financial constraints of what the WBNL salary cap was,” Mr Heal told the court.
However, he conceded he couldn’t “demand” a player was signed on and decisions were made above him as to whether or not it would go ahead.
“I couldn’t demand a player was signed, I could do the necessary work to sign a player,” Mr Heal said.
He thought his job was going smoothly after signing a three-year deal with the club in March 2021.
But the court was told it all changed after Mr Heal complained about not being involved in scheduling away games.
Mr Heal told the court he became irritated because he was not consulted enough on the schedule for the 2022/23 season despite providing emails to the court between himself and the general manager where they spoke about it.
“The complaint was in a couple of forms,” Mr Heal told the court.
“The email we went through, saying I didn’t have an involvement in it and talking about the unfair schedule.”
In an email he wrote at the time, Mr Heal said he couldn’t “believe that we accepted this”.
He repeatedly rejected claims he did not have a role in helping the team attract sponsors or a say in which players the team signed.
In a media release from the time, the club has said “multiple Sydney Flames players separately approached club officials with allegations of bullying” and it provided counselling and support to players via the Australian Basketball Players Association.
Mr Heal has denied any wrongdoing, saying in a statement earlier in the year: “I deny that I have at any stage acted in a manner to risk the health and safety of any person or player.”
He also raised questions about the nature and timing of the allegations and what he described as deficiencies in the investigation.
Mr Heal was granted an injunction from being sacked while the legal process was ongoing.
Witnesses during the trial include former Flames assistant coach Shelley Gorman, the current assistant coach William Granger and Mr Heal’s agent, David Wolf.
Witnesses on behalf of the Sydney Flames include CEO and majority owner Paul Smith, president Victoria Denholm, communications manager Julian O‘Brien and a former player.
The trial continues before Justice John Halley.
Originally published as Shane Heal battles bullying claims in court showdown, claims daughter was ‘manhandled’