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‘Card up my sleeve’: Think tank withheld CCTV from alleged sexual harassment victim
The Centre for Independent Studies failed to tell one of its employees that key footage existed of the night in question of her sexual harassment allegation against the think tank’s high-profile former executive director Tom Switzer.
Earlier this month, this masthead revealed that Emilie Dye, a former marketing and research analyst at the centre, had launched a case in the Fair Work Commission (FWC) accusing the think tank of taking retaliatory action against her after she made a sexual harassment complaint against Switzer.
Former Centre for Independent Studies employee Emilie Dye has launched a sexual harassment case involving her former boss Tom Switzer.Credit: Instagram/Wolter Peeters
There is no suggestion that the allegations are true, only that they have been filed in the FWC.
Switzer stood down as head of the think tank after the complaint, a decision he said he had already made, and was installed as a senior fellow. He categorically denies the claims against him, including that he rubbed Dye’s leg, told her she had a “great arse” and described himself as “a very sexual guy” on a night out at Alfie’s Bar in Sydney’s CBD.
A mediation hearing in the commission last Thursday failed to find a resolution, with the parties set to return to conciliation on Friday.
This masthead can reveal that Dye was not told about the existence of CCTV footage from the night of the incident, despite senior CIS employees viewing the footage in the months following the complaint.
Switzer called it the “card up my sleeve” and declined to give the Herald a copy.
“The appropriate way to address these matters is via mediation, not the media,” he said.
But the use of the CCTV raises further questions about the way the influential right-leaning think tank has handled Dye’s complaint, and about Switzer’s potential involvement in its response.
Warren Burns, the manager of Alfie’s Bar, gave the Herald an account of his alleged interactions with Switzer in a phone interview. Burns’ account is yet to be tested in proceedings or otherwise.
Former Centre for Independent Studies employee Emilie Dye says she has only learnt recently about the existence of the CCTV footage.Credit: Wolter Peeters
Burns said Switzer first emailed him about four months ago to ask for the CCTV footage. At the time, he said, he did not know Switzer “from a bar of soap”.
Burns said Switzer did not tell him that he was the subject of the complaint, but instead told him in general terms about a sexual harassment claim relating to an incident between two CIS staff.
Asked by this masthead why he did not disclose his potential connection to the footage, Switzer said, “It wasn’t important”.
Burns said Switzer asked if he could view the footage, but claims he initially said no because of privacy concerns. Instead, he says he offered to watch it himself, viewing a slightly sped-up version of the video.
The footage was “crystal clear”, Burns claimed, and showed that “nothing happened”. He said: “I run a large company ... I’m the head of people and culture, so I have some education [on this]. I’m not a detective [but] if that was a claim on my staff member, I would reject [it] because there was nothing there.”
After viewing the footage, Burns claims he called Switzer to relay his findings. He said Switzer then asked if two CIS staff could attend to view the footage, which they did, taking notes throughout.
In response to questions, the CIS refused to say who from the organisation attended to view the footage.
“CIS is in the process of FWC mediation with Ms Dye, and thus it is not appropriate to answer questions about the details, as the conciliation process between the parties is confidential,” the think tank said in a statement.
Nor did it respond to questions about whether Switzer asked or instructed the employees to view the CCTV as part of its response to the complaint against him.
Burns said after the two CIS employees attended the bar, he heard “nothing else” for about four months, until Switzer contacted him again a few weeks ago.
This time, Burns said Switzer told him the “lady is taking it further, and just to let you know I was the person in the video”.
Switzer asked for a copy of the CCTV, which Burns said he agreed to, saying he had kept it on a USB stick in his safe. He was comfortable sharing it, he said, because there were “no other customers” at the bar during the interaction.
Dye was apparently never told about the footage or that CIS employees had viewed it. Since then, she has sought a copy from the bar, but has been refused because, Burns said, he only had one copy.
It comes as pro-housing group Sydney YIMBY pulled out of an event with NSW Premier Chris Minns that it was co-hosting with the CIS. The event, with New Zealand’s Housing Minister Chris Bishop, is still due to take place, and Minns’ office has refused to comment on his attendance despite numerous requests.
In a statement, the CIS said it was “disappointed that Sydney YIMBY withdrew from our joint housing event on August 26”.
“We share their commitment to improving housing affordability by building more homes,” a spokeswoman for the think tank said. “We look forward to working with them together in future.”
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