Former Australia captain Tim Paine seems to be getting respite in the sexting scandal not due to victory in the case but because of the delay by the other side. Renee Ferguson, 47, who had alleged that she was sexually harassed by Paine and Cricket Tasmania employees, missed the deadline to file her case against her former employer.
Paine had denied any wrongdoing and was already cleared by Cricket Australia’s integrity unit in 2018 over sexting to Ferguson. CT and the employees also denied the allegations.
Ferguson had been seeking about $1 million in compensation from Cricket Tasmania alleging that she was harassed by CT employees while working as a receptionist from 2015 to 2017. She had to lodge her claim after Australia Human Rights Commission (AHRC) rejected it in November 2019, but she delayed by 151 weeks.
Justice Bromberg, in his judgement, said, “The length of Ms Ferguson’s delay tends very significantly against the grant of an extension of time. The delay of some 34 months equates to about 17 times the 60-day period.
“I seek to emphasise that my decision is not a vindication of either Ms Ferguson or TCA’s version of events or not.” I am not satisfied that it is in the interests of the administration of justice to permit Ms Ferguson to make her very late application,” said Bromberg.
“Conscious of the significant media attention which has been given to this proceeding, I seek to emphasise that my decision is not a vindication of either Ms Ferguson’s or TCA’s (Cricket Tasmania) version of events,” Bromberg wrote in his judgement.
Tim Paine stepped down from Australian team captaincy in November 2021 after the explicit messages became public. He was one of four Cricket Tasmania employees whom Ms Ferguson made harassment claims against.
CT has also alleged that Ferguson stole thousands of dollars and memberships from Cricket Tasmania when she worked as a receptionist. A court hearing for that case is to be held in February next year. Tim Paine is currently out of the team while Australia takes part in the 20-20 World Cup at home.
