'We want the truth to come out': Officials sue Tennis Australia as workplace rights case escalates to Federal Court
Former Tennis Australia officials Karen Mak and Simon Cannavan have filed legal proceedings against Tennis Australia in the Federal Court, concerning alleged breaches of workplace rights under the Fair Work Act.
Late last year, allegations were put forward to the Fair Work Commission after four board members - chair Karen Mak, umpires Simon Cannavan and Catherine Caswell, and court supervisor Jim Goode - had their officiating registrations terminated by Tennis Australia, stripping them of the right to work at the Australian Open or any other Tennis Australia-sanctioned event.
It is alleged that their memberships were cancelled as payback for not obeying rules, and that Tennis Australia was responsible for a culture in which officials were afraid to speak up, with concerns raised about favouritism in the selection of match officials, and alleged bullying.
"The Fair Work Act protects employees from being punished for speaking up - yet Tennis Australia has done exactly that," said Mak in October last year.
"We were not terminated for misconduct but because we exercised our lawful right to represent our colleagues. That is retaliation, plain and simple. Officials shouldn't lose their jobs just for speaking up for fairness."
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During the same October timeframe, Tennis Australia released a statement explaining it had not terminated the officials' memberships in retaliation for their decision to raise concerns on behalf of the officiating community.
"Tennis Australia terminated the officiating membership of four individuals because an
external investigation found that they had acted in breach of their membership terms of
conditions and it was apparent that their behaviours over several months were having a
detrimental impact on others," Tennis Australia said.
"We believe that being a tennis official goes beyond promoting sportsmanship and fair play. It's about serving the game and nurturing its legacy, so tennis will continue to thrive for generations to come. Our community has been and always will be built on the values of
integrity, mutual respect and inclusion."
According to an article written in The Age, Tennis Officials Australia presented Tennis Australia with a 30-page report in June 2025 that centred on allegations against a staffer based in Adelaide, where ATP and WTA tour events are held before the Australian Open.
Fourteen match officials were confidentially interviewed, as the alleged conduct included bullying and victimisation of officials, hostile and dismissive behaviour, a conflict of interest with selection, and a breach of well-being duties.
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Earlier this year, the Fair Work Commission rejected Tennis Australia's jurisdictional objections, finding that officials were employees and that the cancellation of their officiating memberships amounted to dismissal.
"The proceedings arise from actions we took in those elected roles, including raising concerns about health and safety and workplace practices, proposing improvements to the officiating system, and communicating with the officials we represented," Mak told The First Serve on Thursday.
"We say that what followed was an escalating attempt by Tennis Australia to control what we could say to our members and how our elected organisation operated, ultimately culminating in the termination of our officiating employment."
Mak said that "we just want officials to be able to raise workplace issues without fear of retaliation".
Thursday September 16, 2026 - Statement from Karen and Simon:
"[On Thursday], documents were filed in the Federal Court of Australia commencing legal action against Tennis Australia for breaches of workplace rights under the Fair Work Act arising from actions we took in our roles as democratically elected directors representing tennis officials.
"This action is about accountability. It is about ensuring that officials can raise legitimate workplace concerns, identify problems, and suggest improvements without fear of retaliation, losing work, or damaging their future opportunities.
"We also want the truth to come out.
"For those who are not familiar with the background, we were elected as directors of Tennis Officials Australia, the organisation representing tennis officials who work for Tennis Australia. In that role, we raised concerns about issues affecting officials, including health and safety, workplace practices, and the way officials who spoke up were treated.
"We also sought to communicate with our members about those issues and about ways the officiating system could be improved.
"What followed was an escalating series of attempts by Tennis Australia to control our communications and the way our elected organisation operated. We received multiple demands to cease communicating with our members, were told that Tennis Australia wanted advance oversight of our communication to our members, and were pressured to add people to our member-elected board because Tennis Australia was unhappy with its composition. Suggestions made about improving the officiating system were also falsely characterised by Tennis Australia as 'threats'.
"When we refused to give up what I say were workplace rights protected under the Fair Work Act, Tennis Australia terminated our officiating employment, relying on allegations that we had not acted 'professionally' and had breached the requirement to 'promote and support Tennis Australia's programs and activities to the greatest extent possible' (two provisions in our officiating agreements).
"We say those actions were unlawful. Tennis Australia will have the opportunity to respond to those allegations, and the Federal Court will determine the issues.
"Earlier this year, the Fair Work Commission rejected Tennis Australia's jurisdictional objections and found that officials were employees and that the cancellation of our officiating memberships amounted to dismissal. The general protections process provides for unresolved dismissal claims to proceed to a federal court.
"We did not want to end up in court. But officials should not have to choose between speaking honestly about workplace issues and continuing to work in the sport they love.
"We want accountability. We want officials to be able to speak up without fear of retaliation. And, after a very long process, we want the evidence and the truth to come out."
Tennis Australia is expected to contest the matters in court.
"Officials are valued members of our community and are encouraged to voice concerns," a Tennis Australia spokesperson said in a statement on Thursday night.
"We also have an obligation to protect the health and safety of our staff and officials. The membership decisions at issue were made in 2025 after a long process, and TA will respond to the claim through the court."
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