A Tabcorp chief executive has launched a strong attack on the gaming giant, alleging sexist remarks like the one he was accused of were common among directors.
Adam Rytenskild was dismissed in March last year after allegedly telling colleagues he would perform oral sex on a senior female regulatory officer to obtain a Victorian gaming licence.
He denies making the remark and claims his termination was unlawful since he was not given a chance to respond to the claims or obtain legal counsel.
A Tabcorp chief executive has come out swinging against the gaming giant. (Supplied)
The allegation, he argues, was not severe enough for dismissal but aligned with the type of sexual and offensive comments regularly made by other board members.
Rytenskild accused Tabcorp director Raelene Murphy of making an “uncouth” sexual remark about her “big tits” during an interview, which he said was laughed at and repeated several times by executives.
Board member Janette Kendall allegedly stated she knew Murphy was the right choice for the role when she made the comment, according to Rytenskild.
He further alleged that director Justin Milne, a former ABC chair, often used sexist language when describing women and spoke negatively about paying respects to Aboriginal people and elders.
The company’s lawyers argued the allegations against Tabcorp’s board members were humiliating but unlikely to stand in court, according to a defence filed in the Federal Court.
They maintain Rytenskild’s firing was justified because he made an inappropriate, “sleazy” and misogynistic statement in an August 2023 meeting, amounting to serious misconduct.
The comment was reported by a whistleblower and confirmed by two senior staff members in an external probe, Tabcorp claimed.
Rytenskild was not allowed to join the investigation and only learned of the allegations at the March 14 meeting when he was dismissed.
He said he was shocked and distressed during that meeting, asking whether he could resign rather than be fired, but was only granted a few hours to decide.
That afternoon, Tabcorp issued an ASX statement announcing Rytenskild had resigned after using offensive language that made his role untenable.
The former chief executive now argues the statement defamed him by suggesting he made the remark and that it amounted to misconduct deserving instant termination.
Tabcorp rejects that the statement was defamatory and argues that, even if it were, it was accurate and reflected the board’s honest opinions.
The court has ordered the company and its ex-chief executive to attend mediation within two months.
If mediation fails, the case will return to the Federal Court in June.
Tabcorp, Australia’s largest gambling operator, is currently headed by former AFL chief executive Gillon McLachlan.
