The chief of staff to deputy prime minister Richard Marles is suing her boss, the federal government and the prime minister's chief of staff over claims she was forced out of her position after raising a bullying complaint.
Six weeks ago, Jo Tarnawsky, Marles' most senior staff member, She alleged she was blocked from doing her job after making the complaint in private "more than 200 days ago".
On Monday, Tarnawsky revealed she had launched proceedings in the Federal Court against the Commonwealth, Marles and Prime Minister Anthony Albanese's chief of staff, Tim Gartrell.
She has not claimed that Marles was involved in the alleged bullying. Tarnawsky's lawyer, Michael Bradley from the firm Marque Lawyers, said it will be alleged Gartrell was "involved in the contraventions by the Commonwealth".
He said the action has been brought under the Fair Work Act for adverse action in the form of victimisation, claiming the chief of staff was "effectively removed from her role" after raising bullying concerns.
Deputy prime minister Richard Marles has previously said he is satisfied he had upheld the ministerial code of conduct. Source: AAP / Lukas Coch
She claims she "was then exiled as a result" and that her workplace situation remains "unresolved".
"Today, after untenable delays and inaction from the government, I am launching legal proceedings in the Federal Court of Australia," she said.
"Six weeks ago, I spoke out publicly to reveal what was happening to me behind closed doors.
"As far as I know, there has been no investigation into the behaviours I reported, nor regarding the actions taken by the deputy prime minister against me."
She said: "Not a single member of the government has reached out to check on my wellbeing."
A government spokesperson told SBS News the matter is subject to legal proceedings, and it would not be appropriate to comment further.
'Frozen out for over 200 days', lawyer says
Tarnawsky in a story published by The Guardian, and later addressed reporters at Parliament House.
She alleged she was barred from entering her office without giving notice and said she had been moved to work on a temporary project with Prime Minister Anthony Albanese's office for several months.
She said the alleged behaviour had caused significant distress.
At the time, Marles said he was satisfied he had upheld the ministerial code of conduct, requiring ministers to uphold the highest workplace standard, including maintaining a safe and respectful workplace for their staff.
"She is a person who is completely committed to social justice in this country and I very much admire her ... I feel very sad that events have got to where they have. It is obviously very difficult," he told parliament.
"The way in which I have tried to manage this, I have done so with Jo's welfare in mind at every moment, as I would try to manage things on that basis for all of my staff."
Speaking on Monday, Bradley said Tarnawsky had exercised a protected workplace right when she directly raised her concerns about bullying behaviour.
“Her treatment as a result of bringing forward that concern constitutes adverse action, we allege, which is unlawful," he said.
“It included preventing her from continuing to perform her role, leaving her — and keeping her — in a position of uncertainty and insecurity regarding her employment."
He claimed Tarnawsky "was effectively removed from her role, prevented from performing it".
"She has been in a state of limbo, frozen out, for — as she said — over 200 days now."
Bradley confirmed she is still employed as chief of staff, had performed — at the request of the government — a "temporary role" for a certain period, and has since been on miscellaneous leave.
'I am not waiting any longer'
Speaking on Monday after launching legal action, Tarnawsky said the government "had been afforded multiple opportunities to rectify the wrongs done to me".
"But it has done nothing except duck and cover, collude and delay.
"Two hundred days is too many. I am not waiting any longer. This matter will now be fully aired in court."
With additional reporting from the Australian Associated Press.
