ARN reportedly preparing a counter-claim against Sandilands
Kyle took Jackie to task on-air about her lack of professionalism.
A barrister acting for Kyle Sandilands in the Federal Court on Friday morning claimed that ARN’s lawyers are preparing their own counter-claim to the shock jock’s suit, claiming that the broadcaster has been overpaid and “should pay some money back.”
According to the Australian Financial Times, Scott Robertson SC requested the matter be fast-tracked to a hearing, as the case is “fairly confined”.
“It concerns 20 minutes of conduct on one day, and whether that amounts to serious misconduct,” Robertson said.
This refers to the February 20 show, where Sandilands and his co-host Jackie Henderson got into a heated on-air argument regarding her perceived lack of professionalism — and star charts.
Henderson was upset by the exchange and took the subsequent seven days off work. After she allegedly informed ARN she couldn’t work with Sandilands, it terminated her contract and gave Sandilands a 14-day window to remedy what ARN called “a serious misconduct” breach. It then terminated Sandilands’ contract after the two-week period.
“We say that under an agreement under which Mr Sandilands was procured, to engage in robust conduct was identified as something [ARN] desired,” Robertson argued. “If it was desired, it can’t possibly be misconduct.”
Robertson also said ARN’s lawyers “foreshadowed a cross-claim that Mr Sandilands has been overpaid, and should pay some money back.”
Sandilands filed suit against ARN last Friday, at 5pm, alleging its termination of Sandilands’ ten-year contract was invalid, therefore his company Quasar is still owed “a total of more than $85m”.
The concise statement filed on behalf of Sandilands contends that “the purported termination was invalid and of no effect”.
“The purported termination was premised on Mr Sandilands having committed an act of “serious misconduct” causing serious and imminent injury to the CBC’s business that he was given a reasonable opportunity to remedy. Yet no ‘serious misconduct’ within the meaning of the BSA [Broadcast Services Act] was committed.”
It further argues that Sandilands was “denied a reasonable opportunity to remedy the ‘serious and imminent injury'” he was alleged to have caused because ARN also terminated Henderson’s contract.
Outside the court, Sandilands told reporters: ““I just want to get back to work as quick as possible. I’ve got a family to support.”
It’s like casting Sylvester the cat in a cartoon and acting surprised when he chases the Roadrunner.
Or am I missing something?