Lowe Hunt ordered to pay $300,000 after boss misled staff about financial situation
Advertising agency Lowe Hunt must pay $300,000 in compensation after the Federal Court found that former boss Ben Colman misled a member of staff into joining the Sydney-based agency by claiming it was in a good financial position when it was actually technically insolvent.
This week the Federal Court ruled in favour of Andrew Moss, who gave up working for his consultancy Pegasus Planning based on the claims made by Colman, who is now a partner in Colman Rasic.
In her judgement on Moss versus Lowe Hunt & Partners, The Hon Justice Katzmann described Colman as “an unimpressive witness, who presented as one who was inclined to say what he thought at the time might help him or the case he had been called to support. It was difficult to know when he was telling the truth. Where his evidence is in conflict with that of Mr Moss, I prefer the evidence of Mr Moss.”
She also said of Colman: “He was given to overstatement. He conceded he had made a number of misleading statements in significant documents and he was quick to shift responsibility to others. At one point in cross-examination he admitted to making a false statement to prospective clients in Mr Moss’s presence because he perceived it to be in his employer’s interests.”
Clearly a man born for the job of advertising suit
I think given her honour’s comments, I’d be ashamed to be seen publicly, let alone front existing or targeted clients.
(Edited by Mumbrella for legal reasons)
And yet Ben Colman is running around as the head of another agency. Presumably he at least now understands the basics of business finance and agency solvency.
(Edited under Mumbrella’s comment moderation policy). If you are in any doubt, you know what to do!
so how’s the current agency going Ben?
Great result. Hopefully we see more of these cases coming to light. Some people in business have had it too easy knowing that they can lie and mislead staff/clients as taking matter to court can be an expensive and long process.
Stephen Pearson, Lowe Hunt’s current CEO who was not involved at the time, told Mumbrella today that the agency is now in a much stronger financial position. He said: “The agency is doing very well.
(Edited by Mumbrella for legal reasons)
Perhaps this precedent will open the door for potential action against Photon for a number of disgruntled former employees.
“An unimpressive witness, who presented as one who was inclined to say what he thought at the time might help him or the case he had been called to support.”
Wow. It’s like they’re describing my former boss! And my current boss. Actually, most of my previous bosses…
Clearly, it’s a common trait in the advertising and marketing sphere. When people come to think they can say whatever they like to sell a product, they end up treating everyone like unsuspecting customers.
(Moderated by Mumbrella for legal reasons) I’d be keen to be a fly on the wall at CR’s next pitch – just to hear what the Prospective Client asks…
you’re like two peas in a pod Renee, given that the opening titles on your website read “Need to sound great? I know how to help you sound good and reach customers”.
Sounds like Ben Coleman is a Low Stunt from Lowe Hunt
(Edited by Mumbrella for legal reasons)
Wow. (Edited under Mumbrella’s comment moderation policy)
This has surely got to be a career Killer.
(Edited under Mumbrella’s comment moderation policy)?
I’m now closing this thread for legal reasons.
Tim – Mumbrella