The termination letter to club boss Seoud in FWC’s decision ...

The termination letter included in the Fair Work Commission judgement: “Dear Mr. Seoud, Re: Peter Sean Buckley and Ultra Group of Companies, We act for Mr Buckley, Executive Director of the Ultra Group of Companies (“Group”), and Group including Ultra Tune Australia Pty Ltd. We are writing to you to clarify some points regarding your lack of understanding as to the reason(s) your role at the Toybox Gentleman’s Club was ultimately terminated and you were removed from the board of directors on December 17th 2019 whilst holidaying in Bali.

We are instructed you were informed of, and welcomed, the decision of the board, stating you no longer wished to work at Toybox and wished to relocate to Melbourne. In order to facilitate this relocation to Melbourne, Mr. Buckley offered you a role, on a comparable salary with a motor vehicle, working out of the Melbourne offices on December 19th 2019 which you subsequently rejected.

Over the last few weeks you have made representations alluding to your belief you’ve done nothing wrong to warrant termination despite numerous breaches of your original (Toybox) contract having been clearly elucidated to you. Section 12.5, thereof clearly discusses grounds for summary termination. For the record these breaches include (but are not limited to) the following:

Summary Termination, 12.5: Summary dismissal can occur in circumstances involving serious misconduct including but not limited to the following: [2020] FWC 5004 3

(a) Causes a serious risk to health and safety of a person or persons;

(c) Bullying, sexual harassment and/or discrimination

(d) Occupational violence

(e) Fraud, theft or gross dishonesty (g) Being intoxicated at work

(h) Use or possession of drugs at the workplace and breach of lawful management instruction

(i) Wilfully failing or neglecting to perform or carry out your responsibilities,functions or duties (j) Conduct which in the opinion of the Employer injures the reputation or standing of the Employer

The company has found adequate evidence of breaches to each of the above points to warrant your immediate termination in December. ……….”

Abridged.

Mr Seoud rejects all the allegations in the termination letter and any wrongdoing, telling the Bulletin he was vital to the club’s success at the time he ran it.