DRA, former CEO in legal dispute

Mediation is off the table for former DRA Global chief executive Andrew Naude, who is suing the company over allegations of fair work breaches.

Mr Naude launched legal action against DRA Global in February, alleging the company breached the Fair Work Act during his employment and termination.

Former board executives were also named as respondents in Mr Naude’s action, including Peter Mansell.

DRA Global earlier this year advised the ASX that Mr Naude's claim covered quantified loss of income, termination benefits, expense reimbursement, bonuses and leave as more than $9 million.

In August, the Federal Court ordered the matter to be referred to mediation or further case management if the dispute could not be settled.

Speaking to the court yesterday, Mr Naude’s lawyer Martin Bennett said his client was against private mediation.

Federal Court judge Darren Jackson vacated the mediation orders and gave the respondents three weeks to file further applications.

“[The court] is possibly open and it’s always encouraged by me, for mediation to be revisited,” Justice Jackson told the court.

Lawyer Heather Millar, for DRA Global, told the court mediation was “so quickly” turned down by Mr Naude.

DRA Global launched its own legal proceedings against Mr Naude and others in September.

The court was told Mr Naude’s legal action centred on the value of shares he was issued in his termination, while DRA Global’s case questions whether Mr Naude was entitled to the shares in the first place.

In court, Mr Bennett said the two matters should not be heard in the same case management with the context of both being vastly different and needing a different area of expertise.

“Respondents in [a legal action] has nothing to do with the action but would be sitting for days or weeks listening to evidence of the other action,” he said.

“Joining them together would be impractical.”

Justice Jackson ordered parties to Mr Naude’s action to discuss on discovery together, for a case management hearing in late November.