Tribunal funds soup kitchen volunteer discriminated against by other volunteer in Nazi abuse

A soup kitchen volunteer has won his case of discrimination from another volunteer, with his compensation falling short of his thousand dollar request. The tribunal’s findings.

Gympie District Court

A Hobart charity worker of German descent has received a $500 payout after a tribunal found he was “verbally abused” and called a Nazi at two soup kitchen events.

Last week, the Tasmanian Administrative and Civil Tribunal (TASCAT) handed down its decision in the discrimination case lodged by Tim Seidenspinner, a volunteer at the charity Food Not Bombs (FNB).

Mr Seidenspinner alleged that on two 2023 incidents, he was at FNB’s Hobart events when he “ran into” Katherine Startup.

Ms Startup, who was reportedly upset by Mr Seidenspinner’s legal proceedings against a colleague “began behaving aggressively towards the complainant”, the tribunal heard.

The Criterion Building which is home to the Food Not Bombs charity group. Picture: SAM ROSEWARNE.

On May 13, Mr Seidenspinner, as well as two other volunteers, were confronted by Ms Startup who said she was defending their colleague.

She then threatened Mr Seidenspinner, with the Tribunal finding that she stated she would hit and “f***ing bury” him and called him a “f***ing Nazi”.

On July 22, Mr Seidenspinner asked Ms Startup to leave another FNB event due to a restraining order placed against her by him.

She followed him, yelling and intimidating him by “physically approaching him” and also calling him a Nazi twice, the tribunal found.

TASCAT member Samuel Thompson said the “respondent’s German heritage” was not the reason for either altercation, but was the “causative part of him being called a Nazi”.

“As a man of German heritage, being called a Nazi is particularly hurtful to the complainant,” Mr Thompson wrote in his findings.

“On each occasion, the complainant was hurt, offended, and intimidated.

Crown prosecutor Tony Jacobs.

“Some of that hurt, offence, and intimidation is attributable specifically to the Nazi epithet rather than to the two exchanges between the complaint and the respondent.”

Ms Startup did not appear at the inquiry, with the matter proceeding in her absence.

Mr Thompson found Ms Startup did directly discriminate, engaged in prohibited conduct against and victimised Mr Seidenspinner by verbally abusing him and calling him a Nazi.

Mr Seidenspinner requested various compensations for the complaint, including $10,000 ($6,500 in respect of the first complaint and $3,500 in respect of the second).

Mr Thompson instead awarded $500 in compensation, also knocking back a non-publication order of TASCAT’s findings.

During 2022, Mr Seidenspinner won a racial discrimination case against retired Crown Prosecutor Tony Jacobs, who had given him a Nazi salute and said “Heil Hitler” in a Woolworths elevator.

Mr Seidenspinner had been working for the food charity Helping Hands at the time, and had told Mr Jacobs and a pregnant woman not to enter the lift because of Covid restrictions at the time.