QLD bullied by manager then banned from pub

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Gary

Well-Known Member
2 November 2014
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Can someone please tell me if there is a case and if so what department, independent or ombudsman i should lodge it with
In October 2018 I was found guilty of an of any offence that led to a ban of 12 months. The reason for this was because of a drawing i had created that was then found after my leaving the pub.
The ban was issued when i next entered the pub and i was asked by the manager on duty if she could have a word in private.I was handed a letter advising me of my unacceptable behaviour and of the highly offensive nature of the drawing I had created 3 weeks prior and that a period of 12 months would be served before being allowed entry back into the hotel This incident serves only to provide a back story to what happened upon my being allowed access to the site after completing my 12 month ban. The October 2018 incident was regrettable and I realise that my behaviour was juvenile, purile immature and thoughtless and whilst born out of frustration was not the kind of behaviour that a mature age man should lower themselves to. I have stated this over the phone to the area manager and to the hotel manager when asking for my ban to be reduced. I was asking for my side of the story to be taken into account (the area manager did allow me to give my side, however i was never given the same right by the manager as he said he already knew why i had done it but would not elaborate when prompted) , that his was an isolated incident and that since first entering the hotel approx 16 months earlier my behaviour had been exemplary and that my actions were completely out of character. The area manager said the only person who could squash or reduce my ban was the hotel manager and that i should call him to put fwd my case. He refused to listen and the ban remained in place.
The Incident - 28th November 2019
Two weeks prior to 28th November 2019, i called and asked for the hotel manager. my 12 months ban served i was calling to ask for permission for rentry he was unavailable so asked to speak to manager
on duty and, i believe, after she spoke to the manager i was given permission. Between that call and the 28th november 2019 i visited the hotel approx 8 times day and night and had not yet bumped into the hotel manager. On 28th November 2019 i dropped in on my way home for a cold drink and a cigarette. at approx 12.20pm I walked through the gaming room towards the bar/gaming service area to return my empty glass and leave. As I approached the bar the manager standing on my left and with his back to me turned around smiled and then did a double take. Upon realising it was me. he turned sideways and once id crossed the few feet between us he said
"I am allowing you entry on a temporary basis" I nodded and said thanks. He then said "I need to be sure this won't happen again" then " I need to be certain that you have taken ownership for what you have done" then " i need assurances that you have learnt your lesson, that you have taken responsibility for actions. That this won't happen again" as he is saying these things to me he has now moved from my left side and is now on my right, having had to move to allow staff to gain access to and from the bar. its is a busy period and staff and patrons are wanting access to the bar/gaming counter As he continues to berate me i have said nothing since the "thanks" at the start of this interaction. but now reply "nothing has ever happened before" he said "what?" and i repeated it adding "and it wont happen again"He then said that what I had done was highly offensive and that he and other staff members were horrified and upset. He then stated it was extremely upsetting for him personally as i had drawn a picture of him with horns coming out of his head. I said "it isn't a picture of you" he looked at me trying to stare me down and then replied "don't you lie to me" i turned to face him and he looked me up and down, puffed out his chest and said "i wont be intimidated in my pub ireplied i was not intimidating him and asked him if he was calling me a liar. He said that the picture appeared to be of him and then recounted what i had written on it. again i looked him in the eye and said "it isn't a picture of you" and told him how the picture had manifested to which he scoffed not believing a word then he said "you drew a swasitka on my forehead" again I told him it isn't a picture of you." he said " it was one of the most offensive things he had seen, and how do i know that there aren't patrons of jewish persuasion" i said "i know it was juvenile stupid and thoughtless it won't happen again" he again kept saying how he needed to be certain it wouldn't, how he needed to feel i had taken responsibillity, that i was taking ownership etc etc
Again i said it was stupid, i wasn't thinking and that he has never asked me why i did it. He replied that he had a pretty good idea why. I said ok then tell me why? he said i should tell him, this to and fro went on a few times and I decided id tell him my side. I started to tell him my version of what happened. Upon me saying " i entered the pub when it first opened" he said that couldn't have happened. I looked at him and then said "what?" he said "that would have been along time ago, we have been open for a long time" i said I'm talking about when you first open, in the morning, "he said it couldn't have happened i would have had to go back in history. I replied im referring to when you first open up, at 10am in the morning, for start of business.
As im telling my story he is looking down at the carpet, a wry smirk on his face, letting me know he doesn't believe a word of it.At the end he says "you stuck it on the window? that is terrible, i didn't know that." then after a short pause "that is terrible" then he looks at me and says "you haven't even apologised" i said "beg your pardon?" "you haven't said you're sorry. haven't issued an apology"
i leaned in, looked him in his eye and said "stick your pub up your a***....get f****ed" and turned to leave as I'm turning he tells med to "get out" a take a few more steps and he yells "F**k off"
I looked back and said "you swearing at me now. across the room, swearing at me. In front of patrons. Abusing me" as i paused to take me phone out my messenger bag and turn off recording app, i realise he is following me out. I said "I've recorded this" he just said get out. at the glass doors he said your banned 2 years. I said " as long as your the manger i don't want to comeback in this pub....wanker" and i went home.As far as I am concerned the manager took the opportunity to bully me. He wanted to belittle and humiliate me in front of patrons and staff. and this course of action was taken because he was convinced that the picture was of him. I think that after he had made his statement about the conditions regarding my return and during my response, he had quickly mulled it over and from that moment on, he was now hell bent on having his pound of flesh. His ego was bruised and i believe that this is where two things entered his thoughts and where he made this personal. 1 it wasn't enough for him and he had an audience. And so began his public dressing down his repetitious statement regarding his need for evidence assurances accountability ownership, the belittling evident in his "don't you lie to me" response to a statement i was making, something you say to a child, evident in his statements of how upset he was about me placing horns on him and again later re the swastika....all this despite my telling him repeatedly that it was not him, despite my telling him how the drawing manifested itself and that again it was not him. (i would take a poly if that's what's needed as well as show how this 2cm by 3 cm drawing started and ended by producing the sketch that i was trying to reproduce) and his attempt at surprise and disgust upon learning i had stuck this on the window. (i happen to know that he did know because he had stated this in his letter advising me of my ban) And so I knew that his two "you haven't even apologised" statements were his opportunity to get what he thought was justice. He didn't want an apology to the hotel, staff and patrons...the apology was for him. I knew he was banking on me issuing an apology that was general and addressed to the public staff and hotel owners... because i believe that he could then ask "where is your apology to me. for the way you depicted me" or something along these lines. he wanted to make me grovel. He is a bully. he used his position of power to give a public dressing down to a customer that he had convinced himself had ridiculed him. and he was hell bent that i was going to pay for it and this opinion isn't formulated from just this incident but also based on two previous interaction with him, one of which he had insinuated i was a liar during a phone call on not one but two occasions regarding statements i had made...statements that could be coroburated by his predecessor, duty managers and his staff and another incident this one happened in almost the exact place as the one in November of this year only this time the manager is working behind the bar/gaming section, helping out as its very busy. upon learning that i have lost four membership cards he decides to give me a lecture, gives me a ticking off in front of staff and patrons A ticking off that prompted a customer standing next to me to state "what is that all about?" and after i shrugged said "id shove his membership cards up his arse if he spoke to me that way"As i stated at the beginning I am wanting to lodge this as a complaint with any department or independent site. However I am also wanting to know if after looking at this if anyone feels i have no case.I think it important to point out that at no stage even when i told him to stick it I did not get angry and yell. the only time either party yelled was when the manger felt it necessary to shout out "foff" to my retreating back
 

Rob Legat - SBPL

Lawyer
LawConnect (LawTap) Verified
16 February 2017
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Gold Coast, Queensland
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You’ve got nothing. There’s no right of your behalf to access the pub that could form the basis of an action. You haven’t been discriminated against in an unlawful manner (e.g age, sex, religion). You haven’t been defamed in an apparently actionable manner. There’s no injury or assault.

All it appears to be is a difference of opinion and some harsh words in a public manner. That’s nothing different than probably happens thousands of times a day to all manner of people. There’s no right of action for ‘hurt feelings’ which is pretty much what this relates to.

You could make a complaint to his higher ups but I don’t like your chances. You’ve already been banned, and the incident happened almost immediately after that ended. He sounds like he was being unreasonable. However, the previous banning and your aggressive conduct during the altercation (albeit verbally) may not be enough to displace his unreasonableness.
 

Gary

Well-Known Member
2 November 2014
43
0
121
hi rob thanks for taking the time to read and respond. thats a shame, didnt want compensation not looking to have my ban lifted. He is a bully. And i wanted it highlighted and have him on the radar. I would say that its not the first, and id also say that he may have had one or two complaints raised that just drifted into oblivion. And i have already lodged a complaint with head office without a response. i am aware of treatment of a staff member he fired but not before reducing her to tears. She didnt report it as she was concerned. but im sure shes not the only one