Abuse targeted at Vulnerable people - ******************************use article 1016

SUMMARY

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

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

I was initially reluctant to undertake 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 was hopeful that an Inquiry into child sexual abuse would go ahead in Victoria 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 nor would it over-ride any health concerns, further I would be free to pursue 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 university education, 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 mobile phone, credit card, Internet access, a vehicle and I was authorised to purchase on account at a number of business locations. I carried out these works and other tasks as directed until 6/09/2013 when I left the job due to escalating workplace bullying and a workplace injury.

I attempted to finalize my dealings via the business manager and found that none of the arrangements appeared to have been put in place, I found that I appeared to be ineligible for Workcover, my bullying complaint 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 my attempts to finalize my dealings I became suspicious or aware of the fact that I did not appear to have been treated as an employee and that I was somehow deemed to be outside the normal circumstances of employment. I now believe that both people mentioned here deliberately planned to deceive me from the outset as arrangements were put in place so that I could carry out the work yet no proper records or management appears to have been put in place with regard to my employment and payment.

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 had business dealings with Dale during the establishment of my Internet development business and later when attempting to resolve technical issues for software providing services to premier research bodies within Australia (CRC Community Research Council).

Due to health issues arising from my dealings with the now acknowledged dysfunctional Melbourne Response (ref current Royal Commission into Institutional Response to Child Sexual Abuse) I was forced to give up working on my business, 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 very successful 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 been operating illegally for a number of years serving pages for R.N. Elliott & Co. and Toowoomba Strata Title Management - one of his suggestions was to break into the server to remove the software. I dropped 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 regard to Ace of Spades business as a result of his position of Business Manager for Ace of Spades, I approached Dale in this capacity when I encountered the bullying issue with Russell.

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

I promoted his web site and wrote emails and web content 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 me with several months accommodation after hospitalization, it was during that time that I began work with Dale walker at ICR - Independent Computer Retailers 30A Warwick street Toowoomba

I remained in contact with Russell due to his acquisition of a property at Withcott and 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 for recovery after my traumatic and damaging experience with the failed Catholic child abuse system. I was able to set my own times and apply myself as my health permitted, this aided both my physical and psychological recovery a great deal as I was able to direct my activities to where they were most beneficial for that healing process.

I was comfortable with this arrangement and as mentioned elsewhere I was reluctant to undertake a more structured and physically challenging work as put forward by Russell on undertaking CSG work. I repeatedly stated that I preferred to be left with the work that I had been self managing with at Witchott and that I felt I did not have the physical strength and 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.

The work 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 15 hour 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 recently this unfortunately appeared to anger Russell and destabilised the circumstance further. I understand I stayed on too long and failed in an attempt to convey some of those concerns including the stated need to remove myself from the situation via email (8/8/2013 - I do not do fantasy very well) a fortnight or so prior to my leaving after I had expressed my concern as to the destabilizing and toxic affects and events at the work site were having on myself and those working there. These concerns were repeatedly pushed aside and were deemed to be the outcome of long-term deeply seated psychiatric complications as a result of my childhood abuse and his authority as the owner and employer was deemed 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 an issue for Russell following that email.

The following is a brief detail of works undertaken between Easter 2012 to September 2013 on the basis 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 unloading of scar piece. Liaise with Cultural heritage officer for inspection of preservation work on scar piece timber.

On call for for emergency travel to Biloela with Russell and Shaun Hunter and return due to dangerously 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 and trailer, John Deere Tree Spade, Hino tip truck, Excavator, towable tree spade, Canter 4x4 and utility vehicles to Weed & Seed standard wash-downs and vehicle preparations. Loading and unloading of equipment in preparation for each contract as it was undertaken. Management and organisation 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 standards prior to them being taken on to remote CSG sites. Fuel and preparation of vehicles. Identify needs for additional tools, equipment and chemicals for CSG works, purchase, prepare and load as required. Coordinate with auto electrician works, hydraulic and other vehicle repairs including delivery to and pickup from various workshops across the Toowoomba region for the fitting of additional safety equipment to meet CSG requirements, vehicle and equipment breakdowns, repairs and maintenance.

Source and obtain spare parts, liaise with contractors for the repair of electrical and mechanical breakdowns and repairs of equipment while on contract for CSG works beyond the Toowoomba 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 and other 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 4WD training for existing and new staff. Emergency tracking and sourcing of various tickets and qualifications of staff to meet induction requirements. Act as advisor for new staff to ensure their compliance with dress codes and workplace requirements. Assist and tutor staff re conducting online inductions and inductions at Brisbane and other locations.

Research and purchase of Timelapse photography equipment. Research on use of Timelapse equipment. Setup Timelapse equipment, retrieve and download imaging and conversion into suitable sized 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 of road-base gravel in conjunction with contracted earth works company.Coordinate and put in place multiple culverts for roadworks.

Plan, excavate and trench preparation for more than 6KM of threaded and unthreaded conduits for electricity and telecommunications. Plan and prepare materials estimates, acquire materials for conduit laying reporting of progress and forward planning. Plan and prepare materials estimates, develop materials lists for more than 800m of high pressure water system.

Supervision, coordination and reporting of others in the trenching and preparation for the laying of conduits, obtain additional materials as needed. Laying of conduits to exacting standards.

Supervision, coordination and reporting of others in the trenching and preparation for the laying of high pressure piping, obtain additional materials as needed. Laying of piping and plumbing to exacting 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 basis including weed spraying and whipper snipping. Mowing, weed and chemical spraying, inspection and assessment of diseased bottle trees at Darling st location in addition to regular weeding of more than 800 bagged bottle trees. Assist in the relocation of mature bottle and other trees both in and out of this location.

Operate plant, supervise staff in 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. Assist with unloading and placement of mature Canary Island palms and mature Queensland 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 and obtaining suitable jokes to enhance the company standard and reputation while on remote contracts.

Coordinate and liaise with various contractors for works and deliveries to both the McDougall street address and Withcott. Determine measurements for preparation for submission for entrance and exit locations at Withcott. Liaise with Withcott fire service for fire permits at Withcott location. Coordinate, supervise and direct large scale earthworks and tree clearing with contractors. Operate and maintain service and fuels for Bobcat, Hino tip truck, Hitachi excavators, Gator, mower and other plant and equipment as 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 including prospecting additional material for publishing and promotion of existing web site. Seek to standardize and to identify a wide range of shortfalls with the current web application, seek to obtain server access for storage via FTP to undertake these works including the publication of large volumes of images and video clips plus preparation for the publishing of additional information to the web site via Dale Walker. These works did not proceed due to an unknown conflict between Dale and Russell.

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

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

Job prospects advertise, interview, collate and evaluate candidates for employment. Produce final candidates lists and advise of recommendations.

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

Various other works as directed.

Witness 1:

Freddo 0411047513
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 bullying behaviours 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 xxxx  xxxx Past employee. Experienced severe bullying..

 

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 the Subaru are still available tome however I have not utilised this for around 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 issues on their own.