Ben

SUMMARY

I was asked to work for Ace of Spades 434McDougall Street Toowoomba owned by Russell Clark to assist in worksrelated to the provision of services for Coal Seam Gas (CSG) industry.

I was to assist in a number of areas such as vehicle maintenance andpreparation, obtaining and loading of equipment, research and to act as a local point of contact in Toowoomba as he was unable to achieve hisgoals without additional assistance.

I was initially reluctant toundertake the work due to my health at the time and also due to the fact that I was receiving a disability support pension and that I washopeful that an Inquiry into child sexual abuse would go ahead inVictoria and if so I intended to make a submission to any inquiry. I was assured that the workload would not be beyond my physical ability norwould it over-ride any health concerns, further I would be free topursue my personal interests as the work was on an ad hoc basis.

Monies earned would be arranged to be paid on completion of CSG works so that I would receive a lump sum which I could put towards my sons universityeducation, this was to be overseen by the business manager Dale Walker. I was informed that there were no problems in working this way and that I should leave these matters to them to manage. This was around Easter of 2012.

During the course of the work I was provided with a mobilephone, credit card, Internet access, a vehicle and I was authorised topurchase on account at a number of business locations. I carried outthese works and other tasks as directed until 6/09/2013 when I left thejob due to escalating workplace bullying and a workplace injury.

I attempted to finalize my dealings via the business manager and foundthat none of the arrangements appeared to have been put in place, Ifound that I appeared to be ineligible for Workcover, my bullyingcomplaint was mishandled, I was offered ownership and fuel for the motor vehicle, telephone and the provision of Internet services until the end of 2013 as payment for approximately 79 weeks of work. During myattempts to finalize my dealings I became suspicious or aware of thefact that I did not appear to have been treated as an employee and that I was somehow deemed to be outside the normal circumstances ofemployment. I now believe that both people mentioned here deliberatelyplanned to deceive me from the outset as arrangements were put in placeso that I could carry out the work yet no proper records or managementappears to have been put in place with regard to my employment andpayment.

What is the aim of reporting this matter?

Comprehensive summary of allegations:

Documentation of all conversations and communications since ending my employment on 6/09/2013 plus a prior communication (1 - from John Brown - JohnB.eml, I don't deal with fantasy very well.eml) referred to in this documentation.

12/03/2012 12:51 PM - Initial email to Russell re bullying: 1 - from John Brown - JohnB.eml

08/08/2013 10:42 AM - Email to Russell: I don't deal with fantasy very well.eml

16/09/2013 07:52 AM - SMS to Dale Walker: SMS Dale Walker 16 09 2013 7 52 AM.txt

16/09/2013 09:23 AM - SMS To Russell: SMS to Russell Clark 0438383213 16_09_2013 9 23 02 AM.txt

16/09/2013 10:8 AM - Telephone call from Dale walker: +61746364625_2013.09.16.Mon.10.08.14.mp3

16/09/2013 3:12 PM - Telephone call from Dale Walker: +61407125499_2013.09.16.Mon.15.12.56.mp3

22/09/2013 7:55 AM - Message left by Dale Walker: +61746366099_2013.09.22.Sun.07.55.21.mp3

22/09/2013 8:14 AM - SMS to Dale Walker: SMS Dale Walker 22 09 2013 8 14 AM.txt

24/09/2013 1:11 PM - Email to Dale Walker re workplace bullying : Re Workplace bullying and other matters (1 11).eml

24/09/2013 2:21 PM - Email from Dale Walker: Fwd dollars as per discussion last week.eml

24/09/2013 2:29 PM - Email from Dale Walker: Re Workplace bullying and other matters (2 29).eml

24/09/2013 4:05 PM - Telephone call from Dale Walker: +61746364625_2013.09.24.Tue.16.05.09.mp3

24/09/2013 7:31 PM - Telephone call from Dale Walker: +61407125499_2013.09.24.Tue.19.31.21.mp3

24/09/2013 7:32 PM - Email to Dale Walker: Re Workplace bullying and other matters - 24-09-2013 (7.32).eml

24/09/2013 7:47 PM - Telephone call from Dale Walker: +61407125499_2013.09.24.Tue.19.47.58.mp3

26/09/2013 6:54 AM - Email from Dale Walker: Summary of points for answers from Russell.eml

30/09/2013 10:49 AM - Email from Dale Walker: Re Workplace bullying and other matters (10 49).eml

02/10/2013 12.56 PM - Telephone call from Nick: nick - total tree services +61431625370 02-10-2013 12 56.mp3

02/10/2013 07.29 PM - Telephone call from Nick: nick - total tree services +61431625370 02-10-2013 19 29.mp3

08/10/2013 04:32 AM - Email to Dale Walker: On a different area of expertise and opinion.eml

10/10/2013 09:43 AM - Email reply to Mark Winter: Mark, your thoughts on this (9 43).eml

10/10/2013 11:04 AM - Email reply to Russell: Re JohnB II (11 04).eml

10/10/2013 11:06 AM - Email to Dale Walker: Fwd Re JohnB II (11 06).eml

10/10/2013 12:00 PM - Email from Mark Winter: Re Mark, your thoughts on this (12 00).eml

10/10/2013 12:36 PM - Email to Mark Winter: Re Mark, your thoughts on this (12 36).eml

10/10/2013 2.07 PM - Email from Russell: 10-10-2013- (2 07) PM.eml

10/10/2013 03:40 PM - Email reply to Russell: Re JohnB - (3 40).eml

10/10/2013 04:09 PM - Email from Russell: Re JohnB (4 09).eml

10/10/2013 04:17 PM - Email to Russell: Re JohnB II (4 17).eml

11/10/2013 11:57 AM - Email from Dale Walker: Fwd JohnB II (11 57).eml

11/10/2013 11:58 AM - Email to Dale Walker & Russell: Fwd Re JohnB III (11 58).eml

11/10/2013 12.03PM - SMS from Russell Clark 0438383213: SMS from Russell Clark 0438383213 11-10-2013 12.03PM.html

23/10/2013 03:25 PM - SMS from Ace of Spades: 20131023-Fwd_ SMS with Ace Of Spades-12878268.txt

Previous history/background information

Dale Walker. I have known Dale since around 1994 where I met him in relation to the dissemination of the Internet int he Toowoomba region. I hadbusiness dealings with Dale during the establishment of my Internetdevelopment business and later when attempting to resolve technicalissues for software providing services to premier research bodies within Australia (CRC Community Research Council).

Due to health issuesarising from my dealings with the now acknowledged dysfunctionalMelbourne Response (ref current Royal Commission into InstitutionalResponse to Child Sexual Abuse) I was forced to give up working on mybusiness, I sold it to Dale Walker. It was at this time that I asked for his assistance with the Ace of Spades website as it had been verysuccessful and I wished for that success to continue.

I worked for Dale for a period of time. I left as a result of my thinking on 4 matters.

1. I observed practices that did not sit comfortably with my way of engaging with people.

2. I spoke with him with regard to my learning that software had beenoperating illegally for a number of years serving pages for R.N.Elliott & Co. and Toowoomba Strata Title Management - one of hissuggestions was to break into the server to remove the software. Idropped that as a viable approach to this problem.

3. My existence as a known survivor of childhood sexual abuse by Catholic clergy was causing difficulties for Dale.

4. My health needs.
I did not discuss my reasons for leaving with Dale at that time.

I have had only occasional dealings with Dale since and only with regardto Ace of Spades business as a result of his position of BusinessManager for Ace of Spades, I approached Dale in this capacity when Iencountered the bullying issue with Russell.

I met Russellsometime around 2000 when he was hired to remove a dangerous tree at myhome. I found Russell to be an agreeable person with similar interestsin trees and the environment. As a part of that friendship I established a no cost web site for him operating on my software (ProActive $15,000establishment $400 per month) both as an operating site for Russell andas an example of what the software was capable of. Over the next years I developed the site into a fully commercial Australia wide presencegenerating above average exposure and responses from a highly targetedand professionally developed and maintained web site used by Ace ofSpades to launch themselves as the premier tree relocation service inthe country.

I promoted his web site and wrote emails and webcontent due to his inability in this area as a result of the loss of the tips of 2 fingers in an earlier accident.

Russell provided mewith several months accommodation after hospitalization, it was duringthat time that I began work with Dale walker at ICR - IndependentComputer Retailers 30A Warwick street Toowoomba

I remained incontact with Russell due to his acquisition of a property at Withcottand his intention of developing a world class parkland at this location. I spent a great deal of time at this property as it was a place forrecovery after my traumatic and damaging experience with the failedCatholic child abuse system. I was able to set my own times and applymyself as my health permitted, this aided both my physical andpsychological recovery a great deal as I was able to direct myactivities to where they were most beneficial for that healing process.

I was comfortable with this arrangement and as mentioned elsewhere I wasreluctant to undertake a more structured and physically challenging work as put forward by Russell on undertaking CSG work. I repeatedly statedthat I preferred to be left with the work that I had been self managingwith at Witchott and that I felt I did not have the physical strengthand health for the work suggested by Russell. I relented when I saw that there was an opportunity to be able to provide my son with a university education and still be able to manage my recovery program.

Thework for Russell began with the removal of a shed (Walsh's Seeds Ruthven street) and over the next 12 or so months had escalated to 12 and 15hour days with one period of more than 7 weeks without a day off. It was during this time that Russell began to more frequently use my abuse as a public token of his philanthropic activities eg glasses replaced due to being damaged on the job were described to others as a generous gift to me as I was the unfortunate who had been abused as a child.

I had several unsuccessful attempts at discussion with Russell as to how this was denigrating and humiliating to me. When broached again recentlythis unfortunately appeared to anger Russell and destabilised thecircumstance further. I understand I stayed on too long and failed in an attempt to convey some of those concerns including the stated need toremove myself from the situation via email (8/8/2013 - I do not dofantasy very well) a fortnight or so prior to my leaving after I hadexpressed my concern as to the destabilizing and toxic affects andevents at the work site were having on myself and those working there.These concerns were repeatedly pushed aside and were deemed to be theoutcome of long-term deeply seated psychiatric complications as a result of my childhood abuse and his authority as the owner and employer wasdeemed sufficient reason to account for my obviously false understanding of my own needs. My engagement with the Royal Commission and my taking 1 hour a week to avail myself of professional support for this became anissue for Russell following that email.

The following is a briefdetail of works undertaken between Easter 2012 to September 2013 on thebasis of original agreement. I have telephone logs showing more than 500 calls related to my work.

Dismantling and removal of sheds from Ruthven st (Walsh's Seeds).

Liaise and coordination with dismantling crew while management was undertaking work on CSG project.

Design, acquire components to build, implement, maintain and monitor Boron wash and soak system for the preservation of heritage listed Aboriginal scar piece. Logistics and dismantling of system plus loading and unloadingof scar piece. Liaise with Cultural heritage officer for inspection ofpreservation work on scar piece timber.

On call for for emergencytravel to Biloela with Russell and Shaun Hunter and return due todangerously overloaded tandem trailer.

Travel to Biloela with Russell at completion of work to demobilise plant and equipment.

Regular preparation of vehicles and equipment including UD prime mover andtrailer, John Deere Tree Spade, Hino tip truck, Excavator, towable treespade, Canter 4x4 and utility vehicles to Weed & Seed standardwash-downs and vehicle preparations. Loading and unloading of equipmentin preparation for each contract as it was undertaken. Management andorganisation of workshops plus purchase and delivery of oils, grease,filters for service of vehicles and equipment. Change oil, grease,repair and preparation of plant and equipment prior to CSG standardsprior to them being taken on to remote CSG sites. Fuel and preparationof vehicles. Identify needs for additional tools, equipment andchemicals for CSG works, purchase, prepare and load as required.Coordinate with auto electrician works, hydraulic and other vehiclerepairs including delivery to and pickup from various workshops acrossthe Toowoomba region for the fitting of additional safety equipment tomeet CSG requirements, vehicle and equipment breakdowns, repairs andmaintenance.

Source and obtain spare parts, liaise withcontractors for the repair of electrical and mechanical breakdowns andrepairs of equipment while on contract for CSG works beyond theToowoomba region.

Prepare logs of fleet identification numbers to facilitate regular maintenance and upkeep of vehicles - Not completed.

Research, price and booking of accommodation and meals for workers on CSG andother contracts including acquiring emergency accommodation on occasion.

Tutor and education of staff to required standard in readiness for completion of inductions for various CSG contracts including coordination of 4WDtraining for existing and new staff. Emergency tracking and sourcing ofvarious tickets and qualifications of staff to meet inductionrequirements. Act as advisor for new staff to ensure their compliancewith dress codes and workplace requirements. Assist and tutor staff reconducting online inductions and inductions at Brisbane and otherlocations.

Research and purchase of Timelapse photographyequipment. Research on use of Timelapse equipment. Setup Timelapseequipment, retrieve and download imaging and conversion into suitablesized video for web publishing and record keeping.

Documentation of projects including video and time lapse photography.

Operate plant and equipment for the distribution of more than 400 tons ofroad-base gravel in conjunction with contracted earth workscompany.Coordinate and put in place multiple culverts for roadworks.

Plan, excavate and trench preparation for more than 6KM of threaded andunthreaded conduits for electricity and telecommunications. Plan andprepare materials estimates, acquire materials for conduit layingreporting of progress and forward planning. Plan and prepare materialsestimates, develop materials lists for more than 800m of high pressurewater system.

Supervision, coordination and reporting of others in the trenching and preparation for the laying of conduits, obtainadditional materials as needed. Laying of conduits to exactingstandards.

Supervision, coordination and reporting of others inthe trenching and preparation for the laying of high pressure piping,obtain additional materials as needed. Laying of piping and plumbing toexacting standards.

Assist with loading and delivery of large windmill to Withcott location.

Transport mower from Withcott to Toowoomba, service of mower, undertake mowing at 434 McDougall street and 252 Darling street on a regular basisincluding weed spraying and whipper snipping. Mowing, weed and chemicalspraying, inspection and assessment of diseased bottle trees at Darlingst location in addition to regular weeding of more than 800 baggedbottle trees. Assist in the relocation of mature bottle and other treesboth in and out of this location.

Operate plant, supervise staffin the removal of felled trees, limbs and debris from various properties in the Toowoomba region as required. Assist with the excavation,craning and loading for removal or relocation from various localities of mature Canary Island palms and mature Queensland Bottle trees. Assistwith unloading and placement of mature Canary Island palms and matureQueensland Bottle trees to various location throughout SE Queensland.Assist with the pruning of Canary Island palm trees at various locations including the removal of fronds and trimmings for disposal.

Conduct Internet research on a wide variety of associated information including fungal and other tree diseases and also including researching andobtaining suitable jokes to enhance the company standard and reputationwhile on remote contracts.

Coordinate and liaise with variouscontractors for works and deliveries to both the McDougall streetaddress and Withcott. Determine measurements for preparation forsubmission for entrance and exit locations at Withcott. Liaise withWithcott fire service for fire permits at Withcott location. Coordinate, supervise and direct large scale earthworks and tree clearing withcontractors. Operate and maintain service and fuels for Bobcat, Hino tip truck, Hitachi excavators, Gator, mower and other plant and equipmentas required.

Arrange and coordinate staff medical and drug and alcohol screening for work on CSG projects

Produce daily work reports for CSG works.

Web site - prepare concept for advancement of web site includingprospecting additional material for publishing and promotion of existing web site. Seek to standardize and to identify a wide range ofshortfalls with the current web application, seek to obtain serveraccess for storage via FTP to undertake these works including thepublication of large volumes of images and video clips plus preparationfor the publishing of additional information to the web site via DaleWalker. These works did not proceed due to an unknown conflict betweenDale and Russell.

Produce responses to emails and via email asrequired. (I was provided with access to several email accounts - fullhistory can be provided. These were set on my personal PC by Dale Walker so that I had full access to the business email system)

Beavailable on call/standby 24/7 over the period. Act as Toowoomba 24 hour on call management and representative while management and staff wereengaged in works beyond the Toowoomba/Withcott region.

Jobprospects advertise, interview, collate and evaluate candidates foremployment. Produce final candidates lists and advise ofrecommendations.

Act as liaison and as administration formanagement when their work took them beyond reach by mobile telephone or other means of communication.

Various other works as directed.

Witness 1:

Freddo0411047513
Confirmation of my role and activities. Experienced bullying

Witness 2:

Wayne Condamine Drilling
0428616037 Supplier of materials
Confirmation of my role and activities.

Witness 3:

Dave Edwards TCC 048843475
Confirmation of my role and activities re John Mckinny. Is aware of the bullying tactics.

Witness 4:

Nick Highman 431625370
Confirmation of my role and activities. Observed bullying. Contacted me to offer support after a bullying event nick - total tree services +61431625370 02-10-2013 12 56.mp3

Witness 5:

Jamie Nairn Total Tree Services
Confirmation of my role and activities. Had made comments/references to bullyingbehaviours towards his brother Hamish (see below).

Witness 6:

Hamish Nairn past employee of Ace of Spades. Experienced bullying

Witness 7:

Andrew Primus Confirmation of my role and activities. 0402860185

Witness 8:

Brad Smith (0418733219) Smith Plant Hire. Observed bullying. Confirmation of my role and activities.

Witness 9:

Graham Hardwick Confirmation of my role and activities. Has observed bullying. (0419793181)

Witness 10:

Sam (0408658301) - Smith Plant Hire. Confirmation of my role and activities.

Witness 11:

Shaun Hunter Past employee. Confirmation of my role and activities. (0409466633)

Witness 12:

Gus** Past employee. Survivor of childhood abuse, experienced similar bullying (reason given for leaving).

Witness 13:

Jay Auto Electrics Contractor. Confirmation of my role and activities.

Witness 14:

Warren Muller Past employee. Experienced bullying. Confirmation of my role and activities.

Witness 15:

David Griffin 497561188 Past employee. Experienced severe bullying..

Witness 16:

 

Losses recovered to date:
Fuel, oil etc for my son's car to be deducted from my lump sum is obtained on approximately a once a week basis. A clutch repair kit, 4 tyres. I have possession of a Subaru wagon , a mobile telephone, timelapse camera and small other items remaining in the car at the time of ending my work.All other keys have been returned. I believe fuel expenses for theSubaru are still available tome however I have not utilised this foraround a month. Internet service and telephone services remain connected

Subaru $3,000 734 RXU
Samsung Galaxy 3 mobile telephone $350. Service is not being used.
Internet Service 1 month $80
Timelapse Camera $100
Other incidentals $100

 

While I understand that I am entitled to be recompensed for my work, the more important aspect is that others are not left to discover these issueson their own.