Australian basketball great Shane Heal is seeking to be paid tens of thousands of dollars after not receiving payslips during his time as coach of the Sydney Flames.
The 53-year-old largely unsuccessfully sued the Women’s National Basketball League club for unfair dismissal after his employment was suspended in January 2023 amid an external investigation.
Federal Court judge John Halley ruled in April that the Flames suspended Heal in response to players’ complaints, dismissing the bulk of his claim the complaints were only a “smoke screen” to get rid of him.
The Flames are seeking for Shane Heal to pay legal costs on the ground of “unreasonable acts”.
But the club admitted it failed to promptly provide payslips to Heal, constituting a breach of the Fair Work Act.
His lawyer Nicholas Simone told a penalty hearing on Friday he was seeking a minimum charge of $41,250 imposed on the Flames, which would be payable to Heal.
Simone also argued the failure to provide Heal with payslips before and after becoming aware of the oversight constituted separate legal breaches, which would put the minimum penalty at $74,550.
“Payslips play an important role for employees generally,” he said.
“Heal was left without knowledge of what his entitlements were.”
Flames lawyer Paul Moorhouse told the court the parties were “a way apart” on a possible penalty, which he submitted should only be between $2062 and $4125.
The club’s chief financial officer, Erica Archibald, sent Heal several invitations to join its payslip system, but they were sent to an incorrect email and never received, the court was told.
Archibald admitted she did not check directly with Heal whether he was receiving the requests.
The initial judgment also found the club was in breach of contract for unpaid commissions for procuring sponsorships, over which Heal’s lawyer formally withdrew an application for costs.
The Flames are seeking for Heal to pay legal costs on the ground of “unreasonable acts” due to his continued reliance on claims he was fired due to having exercised his workplace rights.
Heal’s 21-year playing career took him around the world, playing in the NBA and European leagues in addition to a storied NBL career in Australia, a league he also coached in.
He played for the Boomers at four Olympics.
Halley said he expected to be able to deliver a judgment on a penalty for the Flames within a week.