What are they afraid of?

News has just come to hand that the Department of Sustainability and Environment is making a fresh application to have Ken's case struck out without a hearing.
This has all the hallmarks of the standard tactic used by bullies who know they are on shaky ground, but believe they have greater resources than the other side - wear the little man down and exhaust his resources by continual objection, so that the case never receives a full hearing and the strength or otherwise of their defence is never exposed.
One wonders why DSE are so anxious to avoid scrutiny of their actions and the testing of their evidence in open hearing. What have they got to hide?
They have already tried to pressure witnesses not to appear on Kens behalf: now it would appear they don't want any of their own to appear either.
What have they got to hide?

Who is Ken Campagnolo?

Ken Campagnolo is a typical Aussie country bloke. He still lives in what was the family home. He’s served his country in the armed forces. A forestry worker and fire-fighter for much of his civilian life, he’s held a forest operators licence for 19 years. He has certificates in fighting wildfires and plantation fires, tree seed collection, tree-felling, 4-wheel driving, using chainsaws and explosives, and more.

Skilled firefighter
His skills and abilities as a fire-fighter have long been recognised. Since 1996 he’s worked as a Project Fire-fighter for the Department of Sustainability and Environment (1996-8), and for Hancock Plantations (1998-2002). He’s worked as a contractor for the Department on many occasions over the years.

In 1998 a DSE magazine published his team leaders account of Kens actions during a fire, praising his skills and his strength. In 2002 a DSE duty operator put him in charge of three CFA units fighting a fire. In 2006 he was on bulldozer support, helping fight the fires in Mansfield/Mount Buller, under DSE direction and control.

Knocked back by DSE
But since February 1998 – when his position as Project Fire-fighter for the DSE was terminated because of a decision to reduce numbers due to “lack of work” – his applications for a job with the Department have been repeatedly knocked back.

Finally, in October 2004 DSE told him they wouldn’t give him a job because of his “unsafe work practices”. He was “not a team player”, with an “unsatisfactory attitude.”

Yet this man with alleged “unsafe working practices” was working for them under contract at the time, had been repeatedly employed by them as a contractor for years; under those contracts, as DSE knew, he employed others to work under his supervision; this man who was “not a team player” fought fires alongside their staff; this man with an “unsatisfactory attitude” was placed in control of CFA units during a fire by a DSE duty officer; and as late as 2006 was still helping fight fires under their direction and control.

"Because you're a poof"
It was during those 2006 fires that Ken was given another reason – perhaps the real reason - why he couldn’t get a job. As he was leaving the Delatite Hotel in Mansfield after a meal with his fellow fire-fighters, he says a DSE manager told him “you can fight the fires for free but you will never get a job with DSE because you are a poof”.

Ken & Barbie
Ken identifies as bisexual, but this hadn’t been generally known until the DSE staff Christmas party 1997, when that same DSE manager gave him a Barbie doll – singled him out, the only adult to receive a gift. The gift was given in front of the other workers, their families, children and some members of the public. And remarks were made about his sexuality.

Ken says that for years afterwards, Barbie dolls were frequently attached to his locker – a play on ‘Ken & Barbie’, they now say. But no other Ken was mocked this way.

Many times while working in the forests for Hancocks or on DSE contracts this same man – along with other DSE staff - drove by, calling him a poofter. When Ken employed others to work with him on DSE contracts, this same man and his cronies publicly referred to them as “The Pink Brigade.”

Despite numerous complaints, nothing was ever done about this harassment.

Fighting back
Finally, in 2007, Ken went public. His stories were confirmed by colleagues and others in the town of Mansfield.

He took his case to the Victorian Equal Opportunity and Human Rights Commission. Ken could not afford legal representation, and so because of flaws in his submission, it was rejected, but has now that he has proper legal support, it’s been reinstated by VCAT.

The harassment goes on
Meanwhile the harassment continues. Ken has always worked in the community, doing volunteer jobs, including trainer and on field medic with Bonniedoone football club for many years. When his story became public, he was sacked, his place taken by one of his alleged tormentors.

He has been denied work. He has been spat at on the street. He has been called a paedophile. His reputation, as a person and as a skilled firefighter and forestry worker, has been trashed.

Manfield Courier

DSE in denial
The DSE refuses to apologise, refuses to compensate Ken, continues to insist that his story is a complete fabrication, that none of this ever happened. They say they have “no record” of him fighting fires with them. They want the case struck out Meanwhile, Ken battles on.

What next?
At a VCAT directions hearing Monday the following timeline was set in place by Judge Harbison:

1. Ken’s witness statements by 30 July 2008.

2. DSE’s submissions re strike out application by 30 August 2008.

3. Ken’s submissions re strike out application by 4 September 2008.

5. Hearing of strike out application on 9 September 2008.

4. Directions hearing on 29 September 2008.

Ken is supported in his fight by the RJM Trust - if you'd like to help, contact Doug ozbearion@lycos.com

Story from Sydney Star Observer

Country firie's luck turns Bisexual country firefighter Ken Campagnolo has finally had a win at the Victorian Civil and Administrative Tribunal. In February 2007 Melbourne’s bnews told the story of the Mansfield volunteer firefighter Ken Campagnolo who claimed he was refused a job as a firefighter because of his sexuality and had been subjected to vilification and harassment for many years. He alleged his local manager at the Department of Sustainability and the Environment (DSE) told him, “You’re welcome as a volunteer to fight fires for free, but you’ll never work for us because you’re a poof.” After he went public with his accusations, he was dumped as sports trainer for Bonnie Doon footy club, after being a trainer there and at Mansfield for almost 16 years. Campagnolo’s complaints were rejected by the Equal Opportunity Commission, no-one would employ him, and he came close to losing his home. But with the support of a sympathetic gay businessman Campagnolo appealed and, in a stunning turnaround this week, the Victorian Civil Administrative Tribunal (VCAT) reinstated his case against the DSE. “[DSE] said it was a total fallacy and wanted it struck out but [the tribunal] wouldn’t have a bar of it,” Campagnolo said. The Tribunal also ordered the parties to go to mediation over the DSE’s strenuous objections; flatly rejected the DSE’s claim that they had no case to answer, and tossed out DSE’s request for an order for costs against Campagnolo. But Campagnolo isn’t celebrating just yet. He’s mindful of how tough it’s been to get this far. “Well, it’s not too bad. The ball’s still in play,” he told bnews. Campagnolo now has a month in which to file a revised statement of claim with the Equal Opportunity Commission.

From Sunday Herald Sun 1

Sue Hewitt

February 11, 2007 12:00am

AN experienced firefighter claims the State Government refuses to hire him because he is bisexual.

He alleges a Department of Sustainability and Environment manager told him he would never get a job again because "you're a poof".

Ken Campagnolo had worked as a paid seasonal firefighter for the department until the manager allegedly "outed" him four years ago.

He claims the manager gave him a Barbie doll at a department Christmas party in front of colleagues and their families.

Since then, Mr Campagnolo's annual applications for seasonal firefighting have been rejected.

Mr Campagnolo said he is taking the matter to the state Equal Opportunity Commission.

He said a DSE manager told him he was rejected because of a poor work ethic.

"This is blatantly untrue," he said. "The manager had told me, 'You'll never get a job because you're a poof'," he said.

Jenny Singleton, human resources director of the DSE said Mr Campagnolo's recent application was unsuccessful "based on his previous employment history with DSE".

"DSE is an equal opportunity employer, selects employees on merit,and treats any complaints of sexual discrimination very seriously," MsSingleton said.

The DSE manager who allegedly "outed" Mr Campagnolo did not return calls.

A former employer, who did not want to be named, said Mr Campagnolo was a good worker.

"Ken's as strong as an ox." the former boss said.

Another former supervisor said "Ken has a good work ethic".

A DSE worker who publicly supported Mr Campagnolo, saying he witnessed the Barbie doll incident, is believed to have been threatened with dismissal.

From Sunday Herald Sun

Anthony Black

April 22, 2007 12:00am

A FOOTBALL trainer claims he has been sacked because he is bisexual.

Ken Campagnolo said he was considering lodging a complaint with the state Equal Opportunity Commission after his 16-year involvement was terminated two weeks ago.

He said his bisexuality had been known to Bonnie Doon Football Club for many years.

But he said the club had fired him after his bisexuality became public knowledge.

Earlier, Mr Campagnolo told newspapers the State Department of Sustainability and Environment would not hire him as a firefighter because he was a "poof". The department denied the allegations.

Mr Campagnolo said Bonnie Doon Football Club president Terry Dale told him he was still welcome at the club, but not as a trainer to the seniors, reserves and under-17s.

"Because I'm a bisexual, the club is implying I'm a pedophile, and I categorically deny that," he said.

Mr Dale said Mr Campagnolo's bisexuality had not been common knowledge until earlier this year. He said he had acted after other people expressed concerns about Mr Campagnolo's role as a trainer.

Story from bnews

Bisexual firefighter burned

Wednesday, 18 April 2007 Story from bnews

by DOUG POLLARD The Mansfield firefighter who says he couldn’t get a job with the Department of Sustainability & Environment (DSE) because of his sexuality has now been dumped by his local footy club. Ken Campagnolo said a DSE manager told him last year he would never get a paid job as a firefighter “because you’re a poof”, though he was welcome as a volunteer. His complaint has been accepted by the Victorian Equal Opportunity & Human Rights Commission. He was also publicly outed at a firefighters’ Christmas party, when he was presented with a Barbie doll by Santa (Trial by Fire, bnews 158). Now he has been dumped as sports trainer for Bonniedoon footy club. Campagnolo has been a trainer there and at Mansfield for almost 16 years. When he turned up for the first training session of the year last week, club president Terry Dale told him he could no longer be a trainer because of what had been written about him in the press. When asked to explain, Dale told bnews he never had any concerns until the story ran in the Herald Sun and local papers, identifying Campagnolo as bisexual. “It’s pretty hard when the under-17s are training down there, parents would get a bit uptight if Kenny was training down there with them,” he said. But he admitted that Campagnolo had never given any cause for concern in all the years he worked with the club, including with the under-17s. “I felt very sorry about nipping it in the bud the way I did, but that’s the way it is,” he said. “You could probably call that a little bit of discrimination, but there’s other work he can do around the club, because we like volunteers,” he said. Campagnolo says he personally told Dale, and all the team managers about his sexuality years ago, including those managing the under-17 teams, and they were unconcerned. “Terry Dale was told, in person, as was Ray Robinson of the Mansfield team, around the time of the Barbie doll incident ten years ago,” said Campagnolo. “Terry once lived on the same street as me, everyone in town knows about me, you can’t hide something like that after you’ve been outed in front of 70 people,” he said. Dale flatly denied he was ever told. Campagnolo said he was very hurt by Dale’s action, which made it seem as if he was a paedophile, but the team members had been very supportive. “When I told them Terry said I couldn’t be there [at training] because of what’d been in the paper, they all said it was bullshit.” John Ronke, area president of the Victorian Country Football League, agreed he knew Campagnolo well, and his sexuality was common knowledge. “I taught him,” he said, “He was a bit if a larrikin at school – typical redhead.” Glenn, the owner of sports website gayfooty.com said it only showed how much further we had to go to gain acceptance in the sport. “I find the ultimate hypocrisy in the footy club still wanting him around because they need members, but he can’t have anything to do with the players,” he said. “This attitude in grassroots football will go a long way towards keeping gay footballers in the closet.” Meanwhile, on Saturday Campagnolo discovered that his replacement as trainer at Bonnie Doone is the local boss of the DSE, Phil Savage.

Story from bnews

TRIAL BY FIRE

As the bush burns, an experienced firefighter is told he can battle the blazes for free,but he’ll never get a paid job with Mansfield DSE “because you’re a poof”.

Bnews 08 Feb 2007

by DOUG POLLARD

Mansfield resident Ken Campagnolo claims he is being excluded from a paid firefighting position because of his sexuality.

Campagnolo has been a member of a fire crew for the Department of Conservation & Natural Resources, and for Hancock Victorian Plantations, as well as a volunteer firefighter with the CFA. He has worked for the Department of Sustainability and Environment (DSE) as a seasonal project firefighter, but for the last four years, he says they won’t consider him.

“When I asked my local manager he said ‘you’re welcome as a volunteer to fight fires for free, but you’ll never work for us because you’re a poof’,” says Campagnolo, who identifies as bisexual.

The last time he worked as a project fireman four years ago, he was outed by the same manager in front of co-workers, their wives and children, at the Christmas break-up party. When Santa handed out the kids’ Christmas presents, he also handed Campagnolo a Barbie doll.

Dozer driver Kevin Holland, who witnessed the event, said he – along with many others – wasn’t aware of Campagnolo’s sexuality beforehand. Holland says there has been a smear campaign, with rumours being spread that Campagnolo is lazy, which he says is untrue. “He’s a good worker,” said Holland.

However, when Campagnolo received notification that his application for paid seasonal work with the Mansfield DSAE was rejected, he queried it with the DSE. He received a response that claimed his application was rejected because of several shortcomings: undertaking unsafe work practices, inability to function as a team player and an unsatisfactory attitude.

A former employer, Jim Walker, District Forester with Hancocks, says there was no problem with Campagnolo’s work ethic. “We don’t take any notice of creed, religion, anything else: so long as you do your days work that’s all that matters to us, and he did his work well enough.”

Campagnolo said he also made a verbal complaint to the DSE’s head office regarding the comments made to him and his belief that he had been discriminated against on the basis of sexuality. He was told that his information would be passed on to a supervisor.

Jenny Singleton, DSE human resources director said: “Though DSE has not received an official complaint in this matter, any subsequent complaints we receive will be thoroughly investigated. DSE is an equal opportunity employer and treats any complaints of sexual discrimination very seriously.” bnews was unable to reach the manager who made the comments to Campagnolo.

Campagnolo says friends he worked alongside fighting fires still drop by for coffee and can’t understand why he can’t get a look-in. “I’ve got mates who are bitching they won’t hire this bloke we want working alongside us, and they’re hiring 20-year-olds with no experience who don’t know how to fall a tree, when you’ve got 10 years’ experience,” he said.