‘Damaged’ racing vet seeks anti-bullying order to return to work

Racing Victoria’s chief vet Dr Grace Forbes wants to return to work in a safe, bully-free environment after being on personal leave for almost six months, the Fair Work Commission heard on Wednesday.

Forbes lodged an application with the commission for an order to stop bullying, claiming she had been pressured by the governing body to pass international horses fit to run in the Melbourne Cup.

Her anti-bullying application will be heard over the next two days by Commissioner Trevor Clarke after a marathon mediation session failed to resolve the dispute on Wednesday.

Clarke ruled that the case would begin on Thursday morning, despite an application by Racing Victoria’s legal counsel Tim Dowling to have the hearing dismissed on “jurisdictional” grounds.

Dowling said Racing Victoria’s position was that there was no power for the commission to make the anti-bullying order that was being sought.

“I think there is an opportunity for me to hear the anti-bullying application and the jurisdictional challenge to it,” Clarke said.

Forbes’ legal counsel, barrister Nicholas Harrington, told the commission there was no evidence that Racing Victoria had taken any steps or imposed any guidelines, or introduced any safety net, for the possible return of Dr Forbes.

He said the commission needed to hear all relevant matters to ensure there was no “future risk” for his client.

“Dr Forbes wants to return to work. That’s why she’s here,” Harrington said.

He told the commission that Forbes had been “damaged” by the conduct of Racing Victoria and its CEO Aaron Morrison and that she could not go back to an environment in which there were no controls or protections for her.

A three-day hearing was scheduled to start in the Fair Work Commission on Wednesday but lawyers for both Forbes and Racing Victoria were called into private conciliation talks at 10.30am and did not emerge again until almost 4pm.

It was first reported in the week leading up to this year’s Cox Plate that Forbes had lodged an application with the commission.

In her application, she alleged she was called into a meeting with Morrison and RV’s head of integrity Jamie Stier in April this year and asked to be more flexible when inspecting horses.

She accused them of wanting international horses to be passed to run in the Melbourne Cup, regardless of whether they were fit to race.

Forbes was largely responsible for introducing strict safety protocols for Australian racing’s signature event in 2021, following seven deaths in eight years.

There has not been a death in the Melbourne Cup since the Aidan O’Brien-trained Anthony Van Dyck was euthanised after fracturing a fetlock in the 2020 race.

Morrison has strongly rejected Forbes’ allegations that she was pressured into allowing international horses at “high risk of injury to travel and run” in the 3200-metre staying event.

“I’m disappointed that the individual has chosen to air these unsubstantiated claims publicly in a manner which appears designed to cause mischief and damage to Victorian racing and the spring carnival,” Morrison told The Age in October when news of Forbes’ bullying allegation emerged in the Herald Sun.

“I’m particularly disappointed with the allegations made about my team and I – we pride ourselves on our culture of inclusivity, equality and respect for one another – and also calling into question any governance processes at Racing Victoria. They are demonstrably without basis.”

Forbes found herself at the centre of a storm during last year’s spring carnival when Racing Victoria stewards scratched five Cup horses across eight drama-filled days, acting on independent vets’ advice.

Irish trainer O’Brien called the Melbourne Cup safety protocols “ridiculous” after his unbeaten favourite Jan Brueghel was withdrawn a week before the race.

Racing Victoria decided not to send Forbes to the UK earlier this year to run its testing regime for international horses planning to run in this year’s Melbourne Cup.

That duty was assigned to UK-based vets David Sykes and Amanda Piggot, who had a history working with international stables.

Morrison also travelled to England before the Royal Ascot carnival in June to meet international trainers in the training centre of Newmarket to discuss Melbourne Cup protocols.

A dozen international runners, from five different countries, competed in Melbourne this spring.

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