Ex-Employee Takes Melbourne Builder to VCAT Over Alleged Homophobic Abuse
A former employee of Melbourne-based luxury home builder Marque Property Group has launched legal action against the company, alleging he was subjected to homophobic bullying, discrimination, and damaging professional misconduct by a senior manager.
The case is now before the Victorian Civil and Administrative Tribunal (VCAT).
The ex-worker, who served as a sales and marketing contractor from 2019 to 2021, claims he endured a hostile work environment fuelled by his manager鈥檚 鈥渉ateful homophobic comments.鈥� He asserts these remarks included accusations that he 鈥�(spends) too much time hanging out at gay bars鈥� and 鈥済ets off his head on drugs.鈥�
鈥淭hese baseless hateful comments severely damaged my professional reputation and caused severe mental anguish, pain and suffering,鈥� the former employee said in his witness statement.
The worker alleges further instances of workplace misconduct, including interference with his professional communications and discriminatory practices that affected his income.
According to his statement, client correspondence was taken without consent, emails were monitored and deleted, and he was denied new client leads鈥攁ctions that significantly impacted his commission-based earnings. He also cited repeated payment delays, leaving him in 鈥渟evere financial hardship and stress.鈥�
鈥淭his left me unable to meet basic expenses such as rent and bills,鈥� he stated.
鈥淭hese actions are totally unprofessional and illegal and should not be tolerated. The directors are aware of these events and choose to deny any accountability.鈥�
The allegations have been supported by statements from former colleagues. One ex-employee described hearing the same manager make derogatory comments about the him.
鈥淲hilst discussing staff, he commented to me that [the plaintiff] was not effective in his role because he spent too much time at gay nightclubs and getting off his head on cocaine,鈥� she wrote in a supporting letter which she supplied to VCAT.
This staff member is not the only alleged victim named in complaints against the manager.
Another former employee, a sales consultant, has alleged the same individual exhibited misogynistic and racist behaviour, including targeting a young Chinese female colleague.
鈥淭he Chinese staff member who was bullied expressed her feelings of anxiety and despair to me after the sales meetings,鈥� the sales consultant said in her statement. 鈥淏eing a young female, she said she was too afraid of reporting [his] behaviour in fear of being treated worse and ultimately losing her job.鈥�
The former employee previously sought conciliation through the Australian Human Rights Commission, but Marque declined to participate.
Now, he is pursuing $258,000 in compensation and a written apology from Marque鈥檚 directors and the sales manager.
鈥淢y life has been altered substantially due to the actions of others,鈥� he said. 鈥淭he comments that the sales manager made about my sexual identity are career destroying and worst of all a total fabrication.鈥�
Marque Property Group, headquartered in Camberwell, specialises in knockdown rebuilds across affluent Melbourne suburbs like Kew, Balwyn, and Bayside. The company, owned by AHB Group, has yet to comment on the allegations.
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