Gym operator Bettystown Leisure, trading as Integral Fitness and Leisure, yesterday filed a complaint with the Workplace Relations Commission (WRC) about former member Nedas Juknevicius’ alleged conduct towards staff. He stated that his return was not welcome.
The club denied, under the Equality Act, Mr Yuknevicius’ claim that he suffered equality-related harm when the club refused to renew his membership after his wife complained of sexual harassment.
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Brian Browning, the company’s owner and businessman, said allegations of sexual harassment by Yuknevicius against one of his most senior employees were “beyond Richter’s scale”, but they were found to be unfounded. said.
The gym’s position was that Mr. Yuknevicius later tried to treat the incident as a “minor misunderstanding” and that at one point the user was looking for a free membership.
WRC said the dispute arose when Mr Juknevicius visited the gym on March 28 last year and pursued fitness instructor Guy Bates for inappropriately touching his wife during a fitness class the night before. I was told.
The allegations were denied at every stage by the trainer. Mr. Yuknevicius’ wife did not appear at the hearing.
Mr Bates said he pulled CCTV footage from the class and showed it to Mr Juknevicius as evidence, but the matter “escalated” when the man refused to look at it.
“[He] He called me a “fucking pervert” many times. “As a father and someone who is established in the community through years of participation in sports, I had never experienced anything like that and my first reaction was shock,” Bates said.
“After he said that again, my reaction was, ‘If you call me again, I’ll tell you.’ Pardon the language, but I was like, ‘Shit, I’m going to kill you.’ Of course, it’s not the biggest reaction in the world, but it’s the first time I’ve experienced a reaction like that.”
He said his colleague, Andrea Hanova, “jumped in” and told Juknevicius to be quiet, but Juknevicius “kept talking on and on.”
Another colleague, Karolis Gjukonis, then came across the incident and asked the complainant to “calm down,” and Djuknevicius went with Gjukonis to another part of the gym’s second floor, WRC said. reported.
Browning said a company investigation had concluded that Bates’ behavior “involved nothing of a sexual nature” and that after an “off the record” meeting with Juknevicius, the couple said he considered the findings accepted.
He said an investigation showed that Mr. Juknevicius’ wife attended a gymnastics class taught by Mr. Bates that was “full of women” and involved lying on her back and lifting her legs straight up. It turned out that he was having difficulties. to take action.
“[Mr Bates] She straightens her legs and literally taps the bottom of her shoe, as if to say, “I made it!” and there’s video evidence of that. He did the same thing to other female members once or twice during class. ”
Mr Browning said: He said the company’s investigation into the complaint found “no answers here.”
When he later spoke to Mr. Yuknevicius, he said, “He seemed to agree, when we were talking about legal action, that there was nothing to see here, so let’s move on.”
However, he said the complainant later suggested in an email that “perhaps a membership system could be the solution.”
Browning said he believed the accuser was “off the Richter scale.”
“I don’t remember using the word ‘pervert’, but if I did, I apologize,” Jucubenicius said.
“My intention was not to offend. [Mr Bates]My only intention was to get him to admit that his actions were inappropriate and to apologize to his wife. ”
Juknevicius said Bates’ response was “I did nothing wrong and I’m not going to apologize for anything.”
The complainant said Mr Bates became “infuriated” when he mentioned filing formal charges.
Asked by Judge Michael McNamee if he would cross-examine Mr Bates, the complainant said he had no questions for gym employees.
But later, during cross-examination of gym employee Andrea Hanova, one of the company’s witnesses, she said there was “very clear evidence” that Bates had “tried to assault” him but was stopped by Giukonis. ”He said there was surveillance camera footage.
Bates was not immediately asked to respond to the allegations.
Mr McNamee asked Mr Jukonis whether Mr Bates had attempted to physically assault the complainant.
Giukonis said he was standing in the doorway between the men at the time.
An eyewitness said: [the complainant] To tell [like] I’m going to go and hit him. ”
Mr McNamee asked: “If you weren’t there, would it have been a big hit?”
“I don’t know what’s going to happen,” Juconis said.
The court heard that Mr Juknevicius’ gym membership expired in June last year while the investigation was still ongoing.
When that was completed, WRC heard, gym manager Noel Burke took the position that the complainant would have to apologize to Mr Bates if he wanted to renew his membership.
The company’s position is that when the complainant returned to rejoin the gym the following September, he was “overbearing” and “coercive” with receptionist Lorna Waters. This claim was disputed.
Gym manager Mr Burke said Mr Yuknevicius’ position at the time was that it was “all a misunderstanding”.
“I said this was more than just a misunderstanding,” Burke told the court.
“Given the defamation and your relationship with Lorna, you are not welcome here. None of the staff wants to see you,” he said of Yuknevicius.
After hearing the final submissions, Judge Michael McNamee said he would write to the parties with his decision within eight to nine weeks.
