Collingwood Football Club taken to court over racial discrimination allegations

The Collingwood Football Club is facing new allegations of racism, with its chief executive officer Craig Kelly accused of making slurs and jokes about Indigenous culture.

The club’s former head of First Nations strategy, Mark Cleaver, has outlined the claims against Mr Kelly in documents filed with the Federal Circuit and Family Court.

Mr Cleaver, who is non-binary, is now suing Collingwood. He has alleged he suffered “hurt, humiliation and distress” and “economic loss” after the club terminated his employment in May this year.

Mr Cleaver alleges the club breached several laws, including the discrimination acts around race, disability and equal opportunity.

In an application filed with the court, Mr Cleaver described himself as a First Nations person who is gay, in a same-sex relationship and suffers from multiple sclerosis.

The documents outline a series of alleged incidents involving Mr Kelly.

Mr Kelly is alleged to have described a female Indigenous elder as “a dumb old bitch”, and committed physical assaults against Mr Cleaver.

Collingwood is yet to file its legal defence.

The club has been contacted for comment.

In a statement, the AFL said it was aware of Mr Cleaver’s complaint but said it was “deemed a workplace issue for the club”.

The case comes three years after an independent review commissioned by Collingwood found it had problems with systemic racism within its ranks.

Legal action follows formal complaint

In February, Mr Cleaver said he was meeting with Mr Kelly and another executive, Kerrie Brewer, when the group discussed what would be included in a cultural room at the club.

Mr Kelly allegedly threw a marngrook — a football made of possum hair — at Mr Cleaver and said, “I don’t give a f*** what you put in there, put this shit in there”.

Mr Cleaver said they were hit by the marngrook, which caused them humiliation and pain because of the multiple sclerosis.

“I don’t give a f*** if you put a live f***ing possum in there, just get [director Jeff Browne] and [vice-president Jodie Sizer] off my arse,” Mr Kelly is alleged to have said.

In separate incidents in March, Mr Kelly is accused of “forcefully” hitting and jabbing Mr Cleaver in the shoulder, and squeezing their hand so hard that it caused “significant pain”.

Mr Kelly allegedly described a female elder as “that dumb old bitch” in the presence of Mr Cleaver, after a meeting with leaders of First Nations men’s behavioural change organisation Dardi Munwurro.

Mr Cleaver made a formal complaint to club officials in late March and April this year, and gave a statement to Victoria Police.

According to court documents, Mr Cleaver said he met with Collingwood people and culture manager Galit Yaary and a lawyer after an internal investigation looked into Mr Cleaver’s allegations.

The investigation found Mr Kelly had “tossed” the marngrook to Mr Cleaver, instead of throwing it at him. Other alleged comments about Mr Cleaver’s disability were acknowledged but not deemed ableist or racist.

The conflict between the parties escalated on May 6, when law firm Maurice Blackburn wrote to Collingwood saying it was acting for Mr Cleaver, and Collingwood terminated Mr Cleaver’s employment.

A directions hearing in the Federal Circuit and Family Court has been listed for August 27.

In 2021, Collingwood received the results of the “Do Better” review into its culture, which found its previous responses to racist incidents had been “at best ineffective”.

The review cited evidence provided by staff, players, ex-players and supporters.