A legal case by a City of Greater Dandenong councillor against the council’s CEO has been dropped just two days before the hearing, due to the great financial strain.
Councillor Rhonda Garad took to social media to announce she withdrew the workplace discrimination case against CEO Jacqui Weatherill in the Victorian Civil and Administrative Tribunal (VACT) on 30 January, alleging the “council’s ratepayer-funded legal team threatened costs that could bankrupt” her.
As reported previously by Star Journal, the dispute began in July last year, when the council submitted a media statement to Herald Sun that some of Cr Garad’s social media retweets “support anti-semitic language” and that “genuine political comment should never cross into vilification, abuse or inciting hatred.”
It escalated when council refused Cr Garad’s ‘cease-and-desist’ demand to publicly apologise and retract its media statement on her retweets.
Her now-abandoned claim was based on alleged workplace discrimination under the Equal Opportunity Act and sought relief under the Charter of Human Rights and Responsibilities Act 2006 (Vic).
“This is her (Ms Weatherill’s) victory — and a loss for political free speech,” Cr Garad stated on social media.
“I also want to apologise to the Dandenong community, especially those who are deeply traumatised by witnessing a live-streamed genocide.
“My intention has always been to stand with you and to speak out against this violence.
“Thank you to everyone who supported me in this important fight.
“I will continue to speak out against genocide, but I cannot compete with the vast legal resources the CEO has brought against me.”
Cr Garad told Star Journal if she proceeded with the case, she’d need a barrister, costing her thousands of dollars per day, something she’s unable to afford.
Council had defended itself through their legal team, which determined the application lacked “proper basis” with no “reasonable prospect of success.”
Council’s strategy and corporate services executive director, Dr Marjan Hajjari said Cr Garad’s legal team were communicated about the application lacking merit as per standard and they welcomed Cr Garad’s decision to withdraw.
“Council has an obligation to defend claims made against it and its principal officer, and engaged external legal representation to do so.
“Our focus continues to be on delivering council services to the Greater Dandenong community.
“Cr Garad was invited to withdraw the application to avoid incurring unnecessary legal costs.
“Council did not seek any costs order against Cr Garad in the event of withdrawal, and no settlement was offered or negotiated by either party.”
The legal cost for the matter is estimated at almost $7000 by council.
Cr Garad, has been a strong voice for the plight of Palestinians on social media, which has prompted many from across Victoria to raise their concerns with Council, MPs and Minister for Local Government.
Recently, stacks of emails were sent to the council calling for Cr Garad’s censure for posting about babies and children suffering in the harsh Gazan winter, claiming her post “appears” to blame all Jews for the Gazans sufferings but she says the post was “genuinely aimed” at Israel which she sees as “perpetrators.”
Cr Garad was also forced to leave her position as a researcher at Monash University after prolonged pressure.
