Suspended basketball coach Shane Heal can delve into the details behind an independent investigation commenced by the Sydney Flames into bullying allegations.
The head coach of the WNBL team was granted access to emails between his superiors at the Flames and the law firm tasked with conducting its own external investigation into multiple bullying complaints.
On Monday, the Federal Court ordered the Flames to provide Heal certain emails sent between co-owner Paul Smith and Ovartis Lawyers, the firm which looked into the allegations and now represents the team in the head coach's employment case against it.
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Sydney Flames barrister Paul Moorhouse argued the emails fell under legal professional privilege, meaning that they were confidential discussions between lawyers and clients and should not be viewed by third parties.
However, Heal's barrister Glenn Fredericks said the emails did not relate to legal advice but instead concerned the factual findings of the investigation.
Fredericks said that even if the documents were privileged initially, they were not now because prior affidavit evidence given by Smith to the court had revealed previously hidden details about the documents and their contents.
Justice John Halley found some of the emails were indeed confidential, but rejected the team's claims over others, ordering that they be handed over to Heal ahead of a five-day hearing due to commence Friday.
The 52-year-old was suspended as head coach in the WNBL in January while an internal investigation into multiple bullying complaints was conducted.
Findings of misconduct were made on February 3, with a show cause notice issued to Heal before his possible dismissal. He denies any wrongdoing.
On February 15, the Flames promised to the Federal Court that they would not terminate Heal's employment until, at soonest, the final day of the hearing.
In return, Heal has promised to pay the Flames compensation for damages which result from this undertaking.
In the Federal Court lawsuit, Heal has accused the Flames of breaches of employment law, and is seeking penalties and employee entitlements such as accrued leave.
Smith and president Victoria Denholm are also alleged to have been involved in the breaches.
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