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TechOne director claims understaffing forced him to work 70-hour weeks

Max Mason
Max MasonSenior reporter

A former TechnologyOne sales director has alleged that he was forced to work for 70 hours a week and perform several jobs before being unfairly performance-managed, bullied and pressured to agree to a severance deal.

Brian Sharpe, a senior director of sales in the ACT, has accused the ASX-listed enterprise software company of refusing to provide funding to fill vacancies in a branch it allegedly knew was already understaffed.

In documents filed with the Federal Court, Mr Sharpe says he was forced to perform not only his job but also that of the state’s senior director of sales and a senior customer account manager along with others that were temporarily vacant or underperforming. This occurred from April last year and June this year, he claims.

Mr Sharpe alleges that he worked a minimum of 50 hours per week and regularly between 60 and 70 hours through weekends, public holidays and late into the night.

The allegations add to TechnologyOne’s legal headaches. The firm and its founder, Adrian Di Marco, are facing a retrial of a $53 million bullying and unfair dismissal claim in April. Last year, the High Court ordered a fresh trial in the bitter six-year dispute brought by former Victorian manager Behnam Roohizadegan, who says he was bullied, marginalised and undermined by two senior executives.

A TechnologyOne spokesman said: “We don’t comment on private employee matters. We are engaging constructively with all parties involved to resolve the matter.”

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In the new filings, TechnologyOne’s ACT branch was allegedly pushed to hit nearly two-thirds of its $6.5 million sales target in the first half of the previous financial year. This target was 20 per cent higher than the preceding year and represented a change in how revenue was earned throughout the year, Mr Sharpe alleges. In the previous year, he says, only 35 per cent of revenue was targeted to be achieved in the first six months.

Mr Sharpe says TechnologyOne group director of sales Trevor Irwin was aware of the long hours being worked to achieve the targets.

Performance improvement plan

On June 29, Mr Sharpe met Mr Irwin and a TechnologyOne human resources manager, Rebecca Johnson, where he was allegedly told that there were concerns about his performance and that the company intended to put him on a performance improvement plan.

He says he was told he would be fired if he did not implement the plan successfully.

Ms Johnson later told Mr Sharpe’s lawyers, according to the filings, that Mr Sharpe had failed to hit his revenue targets in the first half and did not identify ways to fix it, that there were gaps in his leadership and that he lacked operational capability and accountability.

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Mr Sharpe’s lawyers denied the allegations and said he had been required to work excessive hours because of understaffing, that his performance management was prejudged, that he had not been given enough information on the severance deal and that Ms Johnson bullied him because she “had excluded Mr Sharpe from his usual duties by directing him not to attend scheduled leadership meetings.”

Mr Sharpe says he was not told before that time of the company’s views about his performance – and that these were designed to pressure him into taking the severance deal.

“TechnologyOne had made clear by its conduct that if Mr Sharpe declined the separation offer it would subject Mr Sharpe to ostracism and humiliation,” the filings read.

Mr Sharpe took stress leave between July 10 and 31. His claim alleges that Mr Irwin decided to dismiss him on July 28 through a restructuring under which he and Ms Johnson concluded that the ACT’s senior director of sales role was no longer needed.

Mr Sharpe alleges that Mr Irwin told him during a meeting on August 1 that TechnologyOne had considered redeploying him, and reviewed all vacancies but found nothing for him. Mr Sharpe also says he was prepared to move interstate and expressed interest in a role in Queensland but was told he would not get the role on August 28.

TechnologyOne is yet to file a defence.

Max Mason covers insolvency, courts, regulation, financial crime, cybercrime and corporate wrongdoing. A Walkley Award winner, Max's journalism has also received awards from the National Press Club of Australia, the Kennedy Awards and Citibank. Connect with Max on Twitter. Email Max at max.mason@afr.com

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