In 2015 Swimming New Zealand terminated the membership of one of its swimming clubs – West Auckland Aquatics. I was the coach at West Auckland Aquatics. I was told that the termination of the club was the first time in Swimming New Zealand’s 130 year history that a club had been expelled. It was a big event. West Auckland Aquatics was an important national club. Whenever something this important happens there are lessons to be learned. And so here is the full story of how West Auckland Aquatics went from a happy successful club to nothing.

The Sunday Star Times and Sunday News investigated the story and admitted to being too “scared” of Susan Turner to publish the story – a sad comment on the social responsibility of New Zealand’s fourth estate. So here is the full story – a Swimwatch exclusive.

WITNESS STATEMENT

1. I was employed by West Auckland Aquatics (“WAQ”) on 12 April 2010 on the basis of three-month trial.  In July 2010 my trial period ended and my employment was made permanent.  I was not provided with any communication of the permanent employment or a written employment agreement. 
2. I have a BA degree from Victoria University in Wellington and am an American Swim Coaches Association International Level 5 swimming coach. I have coached national swimming representatives from New Zealand, the United States Virgin Islands, Saudi Arabia, Venezuela and the United States of America. Most notable students include National Champions and/or US State Champions Toni Jeffs, Nichola Chellingworth, Jane Copland, Joseph Skuba, Rhi Jeffrey, Jane Ip, Lara van Egten, Eyad Massoud, Loai Tashkandi, John Foster and Oswaldo Quevedo. Notable events include the award of US Swimming’s Certificate of Excellence in 2007, appointment in 2003/2004 as National Coach for the US Virgin Islands, coach of Toni Jeffs at the Barcelona Olympic Games and the 1992 World Short Course Championships where she placed third and coach of Ozzie Quevedo in 2009 when he set two FINA Masters World records in the 50 meters butterfly (24.17) and 100 meters butterfly (54.98).In association with track coach Arthur Lydiard and New Zealand international swimmer Jane Copland published two books on swimming

   Swim to the Top (ISBN 1841260835), June 2002 and Swimming–A Training Program (ISBN 1841261424), April 2004. Prior to my career as a swimming coach, I coached track athletes including my wife Alison Wright, who represented New Zealand, Oceania and the United Kingdom over 800, 1500 and 3000 meters. I am one of very few coaches to have guided competitors in the two principal Olympic sports of track and swimming to participate at Olympic/World Championship level in both sports. 

3. In July 2012 and after repeated requests WAQ provided me with a draft employment agreement.  However, it was returned by me because the title, starting date, and hours of work were incorrect.  A revised employment agreement was never provided. 
4. On 24 January 2015 the WAQ President, Wayne Hay, reprimanded me at a swim meet for the alleged mistreatment of a swimmer.  However, the swimmer denied Hay’s accusation.  This began a trend of what I felt was antagonism towards my work and me. 
5. On 05 February 2015 the WAQ Committee held a meeting at which my employment was the main agenda item. 
6. On 06 February 2015 I received 16 text messages from a Committee member, Trish Murray, describing the content of the Committee’s discussion at the meeting. These included the statement, “Stephen said now we got membership admin back on track time to sort out poolside. We were then told under no uncertain terms not to let you know. But I have to live with my conscience and can’t sit there with you knowing they plan to do the dirty on you.”  This text plus the 15 others left little doubt that the President and Vice President’s plan was to remove me from my position. 
7. On 11 February 2015 I contacted Mr Max Whitehead and agreed to employ his services as an employment advocate.  On 12 February 2015 Mr Whitehead sent a letter to WAQ setting out problems associated with my employment, namely:-
   i. No written employment agreement; and
   ii. Unpaid Statutory Holiday Pay; and
   iii. Unpaid KiwiSaver contributions; and
   iv. WAQ demand for me to pay them a Holiday Pay loan; and
   v. Constructive Dismissal; and
   vi. Unavailable personal file, wage and time and holiday records.
8. On 24 February 2015 I received a response from WAQ denying all items in our letter of 12 February. 
9. On 27 February 2015 I lodged a Statement of Problem (File # 5545201) with the Employment Relations Authority (ERA) setting out my employment issues. 
10. A Mediation meeting was held on 29 April 2015 with WAQ. We did not reach a settlement.  Representing WAQ were the Deputy President, Stephen Pye, and the WAQ legal representative. The President, Wayne Hay, did not attend. The WAQ demand for me to convert $19,000 of my holiday pay into a donation to the club and my opinion that this demand was so outrageous that the President and Vice President should resign proved to be the principal points of disagreement and cause of the talks to break down. 
11. An amended Statement of Problem was submitted to the ERA on 13 May 2015 identifying the statutory holiday pay amount not paid to me as $10,071.63 and the WAQ holiday donation demand as $19,000.00. The WAQ demand for a $19,000 donation was first made by the Deputy President, Stephen Pye. He said the club could not afford the liability of my holiday pay entitlement. On 13 May 2015 I agreed to the donation being made subject to:
    
    a) Receiving a receipt for the amount of the donation. My intention was to include the donation in my annual tax return.
    b) The funds being applied to club spending approved by me. At WAQ I had already personally paid for swimmers to compete in Australia, Singapore, Beijing and Tokyo. I had paid training fees and meet entry fees for swimmers who could not afford the cost and had bought a car for a swimmer who had shifted to Auckland and did not have transport. In the five years the personal cost of my assistance to club swimmers totalled $25,300. In agreeing to the holiday pay donation my intention was to apply my donation to future similar spending. 
12. On 27 May 2015 the WAQ Statement in Reply was received. WAQ contended that:
    i. Because I had worked for five years an employment agreement existed.
    ii. KiwiSaver – all knowledge and liability denied.
    iii. My holiday pay donation to WAQ claimed to be $11,682.54.
    iv. Intention to constructively dismiss was denied in spite of the 16 Murray texts. 
13. During the period 02 June to 10 July 2015 I attended European Swim Meets with a WAQ swimmer and also attended my daughter’s wedding in the UK.  This was all taken as annual leave. During this period I arranged coaching cover at WAQ by ex-national coach David Lyles and I paid him $3000.00 of my money to do this work. WAQ declined to pay the stand in coach. 
14. On 16 June 2015 a WAQ parent’s meeting was held and aborted after an argument about my absence overseas. 
15. On 02 July 2015 the WAQ AGM, which was constitutionally required prior to the end of May, was held on 02 July 2015.  Members voted not to proceed with the AGM or SGM as I was not present.  The Chairman, Wayne Hay, Deputy Chairman, Stephen Pye, and Secretary, Holly Taylor, resigned. Tony Hooper assumed the position of WAQ President. 
16. On 11 July 2015 I returned to NZ. From 11-24 July 2015 I was admitted to hospital for thirteen days with an infected foot. Whilst in hospital I was visited by Susan Turner and David Lyles on 15 July 2015.  During the visit Ms Turner and Mr Lyles proposed that a new club involving the three of us should be formed to take over the West Wave Aquatic Centre lane space currently used by WAQ.  I declined their proposal. 
17. The proposal was clearly a Ms Turner initiative. She said she had in mind forming a new club in which Mr Lyles and I would be joint Head Coaches. The existing three clubs (WAQ, Waitakere and Waterhole) using the West Wave Pool would have no lane space and would need to merge their members into the newly formed super club. I advised Ms Turner that I thought her suggestion was not in the best interests of swimming in west Auckland. The three existing clubs had very different areas of speciality and worked well together. I said I thought her proposal was dishonest, possibly illegal and a betrayal especially as Mr Lyles and I were currently working for WAQ. While the idea of using WAQ time, resources and opportunities to plot the end of WAQ appeared to be of no concern to Ms Turner it certainly made me most uncomfortable. Ms Turner was visibly annoyed that I had rejected her plan and effectively stopped communicating with me. 
18. On the same day (15 July) I was visited by the new Chairman of WAQ, Tony Hooper, to discuss my personal grievance currently before the ERA.  We agreed as follows:
    
    i. The $10,071.63 statutory holiday pay would be paid within the next seven days’; and
    ii. In return the 22 July PG hearing would be put on conditional hold; and
    iii. In return my KiwiSaver claim would be put on conditional hold; and
    iv. I would donate $11,682.54 of my normal holiday pay entitlement to WAQ; and
    v. WAQ would provide a written employment agreement. 
19. On 16 July 2015 WAQ and I requested, and were granted, an adjournment of the scheduled ERA hearing on basis of the potential settlement. 
20. On 24 July 2015 the Chairman of WAQ, Tony Hooper, received an emailed letter said to be from the WAQ Assistant Coach Bridget Maher, proposing that I be replaced as the WAQ coach by Mr Lyles.  One of the signatories, Jessica Marston, told me she had not seen the letter. She said she was in Australia when it was written and sent. She said she understood Ms Turner had written the letter.  The Chairman did not act on the letter. 
21. On 28 July 2015 Ms Turner met with Alex Calwell, the CEO of the West Wave Aquatic Centre, and proposed replacing WAQ with a “new super club” with Mr Lyles being the sole coach.  I was now excluded from the plan. West Wave Aquatic Centre declined the approach and advised Ms Turner that the Auckland Swimming Association would be consulted as to which clubs operated out of the West Wave facility. The reaction Ms Turner received from the West Wave Aquatic Centre was the same as that given by me during the hospital meeting. 
22. On 03 August 2015 a document accepting the settlement reached in my hospital meeting with Tony Hooper was finally approved by WAQ.   The terms were:
    i. Costs to lie where they stand; and
    ii. No disparaging comments; and
    iii. My donation of $11,682.54 to WAQ was agreed; and
    iv. Form of receipt of donation; and
    v. Public holiday pay of $10,071.63 to be paid; and
    vi. KiwiSaver amount to be waived; and
    vii.Employment agreement to be provided. 
23. On 04 August 2015 Ms Turner met the CEO of the Auckland Swimming Association, Brett Green, and put the same “Mr Lyles coached super club”, including all WAQ lane space, proposal to him.  The Auckland Swimming Association declined the Ms Turner plan and made it clear that WAQ had priority rights to lane space at the West Wave Aquatic Centre. For a third time Ms Turner’s super club proposal was rejected. 
24. On 05 August 2015 WAQ and I signed the settlement agreement and it was forwarded to the ERA on 07 August 2015.  On 12 August 2015 an ERA mediator refused to ratify settlement as he was not legally permitted to waive my holiday pay as was proposed in the settlement agreement. 
25. On 19 August 2015 a revised settlement agreement was prepared and I signed it with no mention of a holiday pay donation, and setting a second seven-day time limit on the payment of $10,071.63 public holiday pay, and reinstating my KiwiSaver claim. 
26. After a 12-day delay, the revised settlement was signed by WAQ on 31 August 2015.  On 04 September 2015 the revised settlement was signed by the ERA. 
27. On 14 September 2015 the WAQ AGM was held and Ms Turner was appointed unopposed as President. I was appointed a Committee member.  The Committee was compromised of eight members. (Turner, Mankin, Maher, van Egten, Wright, Hooper, Tahuri, Davenport) 
28. On 15 September 2015 Mr Max Whitehead filed a Compliance Order (5581605) filed in respect of $10,071.63 public holiday pay due on 11 September, which had not been paid.   The Compliance Order also stated that at the 14 September AGM reports were received from the outgoing President and Vice President that breached confidentiality and spoke disparagingly about me. 
29. On or about 17 September 2015 I filed a complaint about two inappropriate videos filmed in Ms Turner’s home and posted on social media. Auckland Swimming investigated my complaint under their Child Protection Policy and reprimanded the participants. One video showed a female swimmer pretending to suckle on another swimmer’s breasts with the comment “Milk me, milk me.” The other video showed a swimmer in a bikini in the shower having chocolate washed off her. 
30. On 24 September 2015 I finally received my Public Holiday pay, some two weeks late. 
31. On 27 September 2015 West Auckland Aquatics apologised for comments recorded in the President and Vice President reports tabled at the 14 September 2015 AGM. Of course the damage had been done. The apology said, “West Auckland Aquatics apologises for comments recorded in the   President   and   Vice   President   Reports   tabled   at   the   14 September 2015 AGM.” 
32. On 15 October 2015 Ms Turner proposed the Committee employ Mr Lyles as Co-Head Coach. Having been unable to form a super club coached by Mr Lyles she appeared to be intent on converting WAQ into a Mr Lyles coached organization from the inside. 
33. Turner made the proposal to employ Mr Lyles (who had told me he expected to be paid at a rate of $100,000 per annum), in spite of at the same meeting claiming the club was facing potential financial ruin. She said “The current financial performance is not returning a sufficient source of revenue to meet its commitments. Furthermore, The Club will be unable to sustain itself with the estimated cash reserves during any unplanned expenditure. Any of these events could potentially lead to the insolvency of the Club.” The Committee deferred any discussion on appointing Mr Lyles. 
34. On 22 October 2015 a SGM to consider a motion of no confidence in Ms Turner as President was called for by ten club members as per the Constitution.  This request for a SGM was ignored by Ms Turner. The meeting was never held and the motions were never considered. 
35. Ms Turner’s decision to ignore the member’s constitutional request for a SGM was a significant event. Ms Turner had been operating the organization well outside the provisions of its constitution. The Committee membership numbers were unconstitutional. Ms Turner had done nothing to exercise the Committee appointment provisions of the constitution intended to protect the organization from Committee resignations. Ms Turner had made important spending and management decisions without the required Committee constitutional oversight. Ms Turner had refused to provide the Committee with requested financial and management information. And now when a Constitutional number of the membership realized there was a problem and called upon Ms Turner to hold a SGM to consider the club’s position and management Ms Turner chose to ignore the properly called for demand of the membership. At that point effectively WAQ did not exist. WAQ was Ms Turner. 
36. On 24 October 2015 a WAQ swimmer and a west Auckland swimming club filed a complaint with West Wave Pool management regarding threatening behaviour of Ms Turner’s husband. His behaviour included verbal threats, following our cars around Henderson, and photographing us in the pool, in restaurants, and at petrol stations.  This behaviour was also reported to Police as File number 151203-7437. 
37. At this stage the WAQ Committee had reduced further by the resignations of Mankin and Davenport and was now an unconstitutional four members. 
38. On 01 November 2015 the WAQ Committee was dysfunctional and on the point of collapse. Turner was incurring expenditure outside her authority. She withheld information from the committee concerning the amounts she was spending and refused on three occasions to provide the committee with information on expenditure she had incurred. This occurred at meetings held on Wednesday 30 September and Wednesday 7 October 2015. 
39. On 05 November 2015 Swimming New Zealand intervened and called a meeting with the SNZ Chairman (Cotterill), the CEO (Renford), and myself to discuss the breakdown of WAQ management. The meeting discussed the mismanagement of the WAQ club. I explained that the Turner family had been asked to leave or refused entry to four previous clubs (Sundevils in Hastings, Aquahawks in Napier, Greendale in Taradale and the Paul Kent training group in Auckland). A member at a fifth club the Turner family joined in Christchurch described the family to me as “evil.” A well-established pattern was continuing at WAQ. SNZ said they would consider the position and advise me of what action they proposed to take. 
40. On 16 November 2015 SNZ called a second meeting, this time with all four remaining WAQ Committee members.  At the meeting Cotterill and Renford proposed a form of SNZ statutory management of WAQ for six months on the condition that all four current Committee members resign and do not stand for the WAQ Committee again for five years.  Ms Turner and Ms Maher declined the SNZ offer. This effectively sealed the fate of WAQ as a member club of SNZ. 
41. On 19 November 2015 West Wave Pool suspended WAQ lane space effective from 22 November 2015 because of Ms Turner’s mismanagement and behavioural problems.  The initial notice was for two weeks but lane space was never reinstated.  On 19 November 2015 SNZ suspended WAQ membership for bringing the sport into disrepute. 
42. On 19 November 2015 I was abruptly suspended by Ms Turner on full pay.  Ms Turner’s email stated the reason for my suspension was allowing Waterhole Club to use WAQ lanes. Also on 19 November 2015 the Committee was reduced to three members. 
43. On 20 November 2015 Ms Turner called me to a disciplinary meeting, but the meeting never took place.  I disputed her authority to act in this way. 
44. On 26 November 2015 Ms Turner’s letter sets out the basis for her disciplinary action. None of the accusation were true and were deliberate distortions of fact:-

• Allowing non-WAQ Waterhole swimmers to use WAQ lanes;

This false allegation refers to three years of cooperation between the Waterhole Club and WAQ. The Waterhole Club is a fellow west Auckland club and also uses lane space at the West Wave Aquatic Centre. On occasions, when WAQ had more lane space than needed and Waterhole needed an extra lane, I made a WAQ lane available to swimmers from the other club. This cooperation was enabled by approving selected senior Waterhole swimmers as associate members of the WAQ Club.

Ms Turner sought to terminate this cooperation. On the 29 October 2015 she issued me with an instruction to no longer provide Waterhole Club members with space in WAQ lanes. Ms Turner alleges that on a number of days Waterhole swimmers continued to use WAQ lanes. This is a fabrication by Ms Turner.

Two emails received from the Waterhole Club make it clear that all lanes used by the Waterhole Club after the Ms Turner instruction were booked in the name of the Waterhole Club. Relevant extracts from two Waterhole emails are as follow:

 

 

• “Waterhole did not use any West Auckland Aquatics lane space after notification received”.

 

 

 

• “On the morning of the 10th November Waterhole Swim Club members were asked to move into an empty lane 1 at the request of the senior lifeguard after paying public entry”.

 

 

 

• “On the morning of the 17th November Waterhole Swim Club paid public entry for the 2 swimmers ages 16/over. At the request of the senior lifeguard these swimmers were moved into an empty lane (lane 2) alongside the other empty lane 1”.

 

 

 

• “On the afternoon of the 17th November Waterhole Swim Club booked a lane with Cecilia. Lane 3 was allocated but as there was an empty lane 2 Waterhole was asked to move their swimmers into lane 2”.

 

 

 

• “Waterhole had lanes booked in their own name on Wednesday 11th, Thursday 12th, Wednesday 18th and Thursday 19th pm”.

 

 

 

• “Waterhole did not train at West Wave on the mornings of 12th and 13th November”. 

 

• Coaching or allowing to be coached a member of WAQ who is no longer a financial member;

The allegation has no merit. For the following reasons:

I was accused of coaching from 20 July 2015. I was in Waitakere Hospital for thirteen days from 11 July to 24 July 2015. Clearly I was not coaching on the 20-24 July 2015.

The accusation of “allowing to be trained” refers to a week of training, with the stand-in coach Mr Lyles. I was in England on holiday at the time and had no influence over who swam in the WAQ training sessions.

• Communicating with WAQ members in breach of an instruction not to do so; and Coaching WAQ members in breach of an instruction not to do so;

I have never coached a West Auckland Aquatics member at the Waterhole Pool.

Following the WAQ suspension from the West Wave Aquatic Centre, the Waterhole Club offered me coaching time at their pool for only Waterhole members. I only ever coached Waterhole swimmers at the Waterhole Pool – never WAQ swimmers.

Having a WAQ coach coaching Waterhole members was not unusual. Bridget Maher (a Ms Turner supporter and last remaining member of the WAQ Committee) had done the same thing during school holidays.

45. On 30 November 2015 the WAQ SGM was held at which Ms Turner convinced the majority of members to back her plan to submit to SNZ a club rescue plan.  SNZ attended the SGM. Ms Turner refused to allow me to attend the member’s meeting claiming I was not a member when in fact I was and was recorded on the Auckland Swimming Association register as a coach member. At the meeting Ms Turner never mentioned my potential dismissal to the members as she was aware it would be defeated.

46. On or around 02-03 December 2015 I was dismissed without membership or Committee consent.  Ms Turner was asked to pay $18,688.00 holiday pay within 48 hours.  Ms Turner responded with three emails denying any liability for holiday pay.

Email One “There is no outstanding payment to be made for either holiday pay or annual leave. In fact I understand that David Wright is repaying amounts that he owes for the excess leave he has taken.”

Email Two “I refer you back to my email. I reference the settlement agreement for the public holiday pay and make further reference that in our system there are no outstanding holiday pay or annual leave payments owing. David has used these all up; and in fact owes an amount.”

Email Three “I confirm that David has now been paid his final pay.”

47. On 03 December 2015 as was expected David Lyles was appointed by Ms Turner to coach WAQ club swimmers in the Massey High School pool. It took Ms Turner less than twelve hours after dismissing me to complete the purpose of my termination. My dismissal had nothing to do with my performance or the fabricated excuses made in the letter of dismissal. My dismissal was simply a necessary step in the Ms Turner plan to control and monopolize swimming in West Auckland and appoint Mr Lyles as head coach.  

48. During my five years coaching WAQ, the club had

1. Paid all its bills and had turned around an annual loss of $26,808 in 2010 to a small profit of $735 in 2014. The club’s cash reserves had increased in the period from $51,814 to $70,340.
2. Produced six National Championship medal winners.
3. Produced two New Zealand representative swimmers at World Cup, Oceania and Mare Nostrum international competitions.
4. Improved its club ranking in New Zealand from 37th when I arrived to 14th.  
5. Had coached the swimming skills of an estimated 500 separate West Auckland young people.

49. On 03 December 2015 I made an application to ERA requesting compliance order in respect of holiday pay (5599767).

50. On 09 and 14 December 2015 Ms Turner’s “rescue” plan was rejected by SNZ and WAQ members were advised that WAQ membership was permanently terminated. The following people and organisations had terminated their association with WAQ and Ms Turner.

• The management of Swimming New Zealand
• The management of the Auckland Swimming Association
• The management of Auckland City and the West Wave Aquatic Centre
• Seven of nine WAQ Committee members including me.

51. On 16 December 2015 Ms Turner agreed that I was owed $16,029.33 in holiday pay and advised it would be paid immediately.

52. On 21 December 2015 holiday pay of $16,029.33 was paid some 19 days late.