Union boss 'denounced traitors' before staff were fired

A court heard a claim Diana Asmar told delegates at a conference of traitors in the union she ran. (Tracey Nearmy/AAP PHOTOS)

Health Workers Union boss Diana Asmar allegedly claimed so-called "traitors" would regret betraying her, a couple of weeks before five staffers and two officials were stood down. 

Lawyers for the national union (HSU) made the allegations in the Federal Court on Monday as they sought more restrictions on Ms Asmar's role in its Victorian branch.

The interlocutory application is part of a broader push by the HSU to have administrators appointed to the state branch, called the Health Workers Union.

The HSU claims the branch is dysfunctional after the Fair Work Commission alleged Ms Asmar falsely claimed more than $120,000 as relevant business expenses. 

Justice Craig Dowling made orders on October 7 limiting Ms Asmar's powers, including preventing her from dismissing any employees or altering their employment. 

Ms Asmar made an undertaking to the court that she would follow the judge's orders.

But HSU barrister Malcolm Harding SC told the court Ms Asmar made a speech at a delegates conference on October 23, saying there were traitors in the union who would regret betraying her. 

Two union officials from the Victorian branch were then stood down and five call centre workers dismissed on November 11.

One of the officials had openly said Ms Asmar should step aside because of the Fair Work allegations, Mr Harding said.

All five call centre workers were recruited by the other dismissed official, the barrister said. 

Mr Harding claimed under union rules, Ms Asmar was the only one with the power to terminate someone's employment. 

"She was telling delegates there were traitors in the union and she would get them," Mr Harding told the court on Monday. 

"She has given affect to that threat."

Mr Harding claimed Ms Asmar had breached her undertaking and the judge should make further orders restricting her.

The barrister said the status quo at the Victorian branch needed to be preserved while the HSU's case was before the court. 

But Ms Asmar's barrister Rishi Nathwani KC argued there should not be any changes because his client has not breached any of her court undertakings.

"She has not dismissed anyone, nor has she procured anyone to be removed," he told the court. 

The branch's committee of management could also dismiss employees, Mr Nathwani said.

Justice Dowling will make a decision on whether to impose further restrictions at a later date.

What is AAPNews?

For the first time, Australian Associated Press is delivering news straight to the consumer.

No ads. No spin. News straight-up.

Not only do you get to enjoy high-quality news delivered straight to your desktop or device, you do so in the knowledge you are supporting media diversity in Australia.

AAP Is Australia’s only independent newswire service, free from political and commercial influence, producing fact-based public interest journalism across a range of topics including politics, courts, sport, finance and entertainment.

What is AAPNews?
The Morning Wire

Wake up to AAPNews’ morning news bulletin delivered straight to your inbox or mobile device, bringing you up to speed with all that has happened overnight at home and abroad, as well as setting you up what the day has in store.

AAPNews Morning Wire
AAPNews Breaking News
Breaking News

Be the first to know when major breaking news happens.


Notifications will be sent to your device whenever a big story breaks, ensuring you are never in the dark when the talking points happen.

Focused Content

Enjoy the best of AAP’s specialised Topics in Focus. AAP has reporters dedicated to bringing you hard news and feature content across a range of specialised topics including Environment, Agriculture, Future Economies, Arts and Refugee Issues.

AAPNews Focussed Content
Subscription Plans

Choose the plan that best fits your needs. AAPNews offers two basic subscriptions, all billed monthly.

Once you sign up, you will have seven days to test out the service before being billed.

AAPNews Full Access Plan
Full Access
AU$10
  • Enjoy all that AAPNews has to offer
  • Access to breaking news notifications and bulletins
  • Includes access to all AAPNews’ specialised topics
Join Now
AAPNews Student Access Plan
Student Access
AU$5
  • Gain access via a verified student email account
  • Enjoy all the benefits of the ‘Full Access’ plan at a reduced rate
  • Subscription renews each month
Join Now
AAPNews Annual Access Plan
Annual Access
AU$99
  • All the benefits of the 'Full Access' subscription at a discounted rate
  • Subscription automatically renews after 12 months
Join Now

AAPNews also offers enterprise deals for businesses so you can provide an AAPNews account for your team, organisation or customers. Click here to contact AAP to sign-up your business today.

SEVEN DAYS FREE
Download the app
Download AAPNews on the App StoreDownload AAPNews on the Google Play Store