'Don't play games': Judge issues warning in ex-Seven star's lawsuit
The judge presiding over former Seven Network presenter Simon Reeve's lawsuit against the broadcaster has warned both sides not to "play games" in court, as the network returns fire with its own claim against the ex-TV host.
Reeve filed Federal Court proceedings against Seven in September, alleging the network breached the Fair Work Act including by failing to pay him annual leave and redundancy pay.
Former Seven Network presenter Simon Reeve.
The veteran broadcaster, who appeared in the network's coverage of Olympics, news and game shows including Million Dollar Minute and It's Academic, alleges in court documents that Sunrise executive producer Michael Pell made him redundant in a June 25 phone call.
His lawyers say Seven failed to give Reeve "reasonable notice" of his termination, and in this case the reasonable period would be 12 months "given his age, seniority and length of service". In lieu of that period, they say he is entitled to 12 months' salary.
The court has previously heard the lawsuit is worth at least $500,000.
Barrister Yaseen Shariff, SC, appearing for the network, has previously told the court Reeve's claims were "in our respectful position, ambitious" and the network has launched a cross-claim against him.
According to court documents, Seven entered into a contract in April 2002 with Reeve's company, Simon Reeve Productions, through which he provided his services to the network. In the years that followed, it entered into contracts either directly with Reeve or via his company.
Reeve's lawyers are seeking a court declaration that he was a Seven employee from 2002 to the present, as well as a declaration that the contracts entered into between Seven and Reeve's company contravened the Fair Work Act by "falsely representing" he was an independent contractor.
The court's decision on whether Reeve was an employee will be significant, as it will help determine his legal entitlements.
At a preliminary hearing on Wednesday, Mr Shariff said Reeve's lawyers had not produced documents they requested recording any other work that Reeve was performing outside of Seven.
He said that without access to those documents it was unlikely any mediation before a trial would be "fruitful".
Justice Geoffrey Flick warned Reeve's barrister, Jaye Alderson: "Don't start playing games in my court."
He said he did not "stand on formality" and if the only objection to producing the documents was that it was akin to giving discovery in a court case - a formal pre-trial process through which parties can obtain evidence from the other side - the documents should be handed over.
"If there's not cooperation you can expect a rough ride next week, Ms Alderson," Justice Flick said.
"We'll of course produce them by Friday," Ms Alderson said.
Justice Flick told Mr Shariff "I don’t want games being played on your side, either".
"I encourage you if you wish to survive, both of you, to effect a bit of cooperation," he said.
The parties return to court on Monday.
Michaela Whitbourn is a legal affairs reporter at The Sydney Morning Herald.