A former employee of Cricket Tasmania whose case was dismissed in the federal court after it was revealed that she had been involved in a sexting scandal with a former Australian test cricket captain named Tim Paine has had her case thrown out.
Key insights: Renee Ferguson had requested that Cricket Tasmania to pay her to the amount of around one million dollars.
Renee Ferguson had requested that Cricket Tasmania compensate her to the amount of around one million dollars. Ms. Ferguson had the opportunity to resubmit her claim to the Australian Human Rights Commission within sixty days of its termination in 2019, but she did not. Instead, 151 weeks have elapsed.
Ms. Ferguson had the opportunity to resubmit her claim to the Australian Human Rights Commission within sixty days of its termination in 2019, but she did not. Instead, 151 weeks have elapsed. Justice Mordy Bromberg stated in his decision that the amount of time will unfairly affect Cricket Tasmania and the parties concerned.
Renee Ferguson requested an extension of time to submit her application; however, Justice Mordy Bromberg did not accept her request because almost three years had passed.
While working as a receptionist at Cricket Tasmania from 2015 to 2017, she claimed that she was subjected to sexual harassment at the hands of staff members, excluding Paine, and that she was seeking around $1 million in compensation from the organisation.
After her claim was rejected by the Australian Human Rights Commission (AHRC) in November 2019, Ms. Ferguson was given the opportunity to resubmit it within 60 days; however, 151 weeks have already gone.
The length of time, according to Justice Bromberg’s ruling, would unfairly prejudice Cricket Tasmania and the parties involved.
It is quite likely that an extension of time will not be granted due to the length of Ms. Ferguson’s delay. He stated that the delay of approximately 34 months was equivalent to almost 17 times the 60-day period.
It was not necessary for the court to decide whether or not Ms. Ferguson’s case had any legal foundation.
“I want to emphasise that my decision is not a justification of either Ms. Ferguson’s or TCA’s account of events,” he added. “I want to emphasise that my decision is not a vindication of either Ms.
Ms. Ferguson (on the right) asserted that the length of time that had elapsed was a contributing factor in her declining mental state. (ABC News: Luke Bowden)
After Paine’s resignation in 2021, the case gained a lot of attention.
During the time that Ms. Ferguson was employed by Cricket Tasmania, she claimed that she was the target of inappropriate sexual comments and text messages, and that she also received images of the penises of two other employees.
Justice Bromberg stated that the charges were “heavily contested,” but that some of the material that Ms. Ferguson relied on may have been “compelling.”
However, the amount of time that had gone turned out to be an important aspect in the situation.
Additionally, Ms. Ferguson contended that Cricket Tasmania did not participate in mediation during the AHRC stage; nonetheless, this did not resolve the delay.
She asserted that the length of time that had elapsed was related to her declining mental condition, but this explanation was also rejected as a possibility for the situation.
At a news conference held in Hobart in November 2021, Tim Paine made the announcement that he would be resigning. (ABC News: Luke Bowden)
Justice Bromberg commented that this had been a challenging moment for everyone involved.
“It is simply a fact of life that disputation is not a victimless sport, and that the guilty as well as the innocent will typically walk away somewhat bloodied as a result of the experience,” he said. “It is also a fact that the innocent will usually walk away somewhat bloodied as a result of the experience.”
However, because to the nature of the situation, the law in most jurisdictions places a significant emphasis on the prompt filing and resolution of legal disputes.
“The accused will suffer for a longer period of time the longer that the charges are allowed to percolate without being resolved.”
Since then, Paine has played first-class cricket for Tasmania, and just this week, he published a book that details different aspects of his career.