Collingwood chief executive Craig Kelly has been accused of making repeated racist slurs and physically assaulting a First Nations club employee.
Former head of First Nations programs Mark Cleaver makes a series of claims in documents filed as part of an application against his dismissal that Kelly behaved in a “racist and ableist” manner towards him while the pair were working together at the football club between February this year and when his employment was terminated in May.
The Federal Circuit and Family Court of Australia documents allege Cleaver was working on a project to open a cultural room when he was confronted by Kelly about the time it was taking.
The pair discussed artefacts that would go in the room before Kelly picked up a marngrook (a ball made of possum hair) and “forcefully threw it at” Cleaver.
“I don’t give a f— what you put in there,” Kelly is alleged to have said. “I don’t give a f— if you put a live f—ing possum in there.”
When admonished by another staff member for his “culturally” unsafe behaviour, the documents allege Kelly responded, “I know it’s inappropriate” before leaving the room.
Cleaver is the sole person making the allegations in the documents, which have not been tested in court.
He alleges he was also negotiating with a First Nation’s behaviour change program organisation who claimed Collingwood had failed to pay them a promised $300,000-$500,000.
The documents claim when told of the issue Kelly said: “Are they trying to extort us for money? These people do that.”
Later, Kelly attended a meeting about the issue with Indigenous elder Aunty Carol Thorpe where he blamed a club predecessor for the delayed payment.
Kelly is alleged to have said: “I really care about our Indigenous people”.
Thorpe pulled Kelly up on his comment, according to the documents, saying, “you don’t say ‘our’, we don’t belong to you”.
After thanking her in the meeting for “pulling me up on that”, Kelly is alleged to have referred to Thorpe as “that dumb old bitch”.
The Magpies have faced racism claims in the past, the club commissioning an independent review to deal with racism in 2021.
Collingwood premiership player Heritier Lumumba was in dispute with his former club for years over racism allegations, consistently voicing his disapproval of management at the Magpies.
His claims were the catalyst for the investigation and subsequent ‘Do Better’ report. The ‘Do Better’ report uncovered systemic racism stretching back decades and made a suite of recommendations to change the culture of the club.
Former president Eddie McGuire labelled the release of the ‘Do Better’ report in 2021 “a historic and proud day”.
McGuire had insisted that he meant the club was proud it had owned up to its past, but a week after his highly criticised comments he stood down following more than 20 years in charge.
In another alleged incident detailed in the documents Cleaver delivered a training program to the players and was asked by Kelly how it was connecting back to the club’s broader strategy.
“This needs to be a boomerang, and it needs to come back, unless you hit someone with the boomerang, but then you’ve done it wrong because that’s the whole point, they’re meant to come back,” Kelly is alleged to have said.
Cleaver’s court documents were filed this week and Collingwood have not had a chance to respond. The matter is listed for a hearing in August.
Cleaver, who suffers from MS, also alleges in the court documents that Kelly was physically rough with him on numerous occasions, causing him pain. He reported the alleged assaults to Victoria Police.
He also claims Kelly made remarks about his disability, including saying he had pulled out of a group line dancing activity because he was “lazy” not because the physical nature of the activity made it difficult for him.
The court documents detail Cleaver’s complaints to Collingwood and the AFL.
The club completed a review which found Kelly had made the boomerang comment, but it was not racist and a comment frequently made by the chief executive. It also found the possum remark was not substantiated and comments about Cleaver’s disability were acknowledged but not deemed ableist or racist.
Cleaver complained about the outcome of the investigation and then received a letter from club president Jeff Browne “setting out allegations against the application [Cleaver] and seeking a response”.
Cleaver was granted delays he requested to reply to the allegations, before he informed the club on May 6 he had engaged a law firm to respond on his behalf.
Within an hour, the court documents claim, Cleaver received a letter from Browne terminating his employment immediately.
The letter said Cleaver would be given one month’s pay, and he was offered a psychologist to support him “at this challenging time”.
Browne reiterated the club would continue to finalise the investigation into Cleaver’s complaints and were taking it seriously.
“This action is not about your complaints,” Browne wrote. “It is solely the result of your separate misconduct.”
Cleaver is seeking compensation and penalties of an undeclared sum for “hurt, humiliation and distress and economic loss”.
Collingwood on Tuesday said they were aware of Cleaver’s allegations and an internal process which took place regarding the complaint, and an external expert engaged to review the findings, found no breach of workplace law.
“Collingwood continues to work hard on our commitment of ensuring our environment and workplace is welcoming, safe and inclusive at all times, on and off the field,” they said in a statement.
“The former staff member was employed by Collingwood for a period of six months. The employment ended for reasons unrelated to their concerns. Following their departure, the former staff member lodged an application with the Fair Work Commission but the matter was not resolved.
“While it is unfortunate this situation has not been resolved, the Club believes that it has acted lawfully and intends to defend the matter.”
Kelly and Victoria Police were contacted for comment.
The AFL acknowledged the case had come before its integrity unit.
“The matter was deemed a workplace issue for the club and was triaged to the club’s HR department to manage accordingly,” they said in a statement.
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